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ELCPartially AllowedELCLA NO. E023 OF 2024· [2026] KEELC 4420 (KLR)

Kanoro v Wagate & 2 others (Environment and Land Appeal E023 of 2024) [2026] KEELC 4420 (KLR)

Environment and Land Court
8 July 2026
LMLucy N. Mbugua
391 words in judgment
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The bottom line

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A Kenyan court ruled it cannot extend a payment deadline the parties themselves agreed to in a mediation settlement, allowing the creditor to pursue the outstanding balance.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nanyuki (Lucy N. Mbugua, J) determines an application by the respondent, Anastasia Munyutha, to execute a mediation agreement recorded on 23.5.2025 and adopted as a judgment of the court on 28.1.2026 in ELCLA No. E023 of 2024 (relating also to EA22 of 2024). Under the agreement, the appellants, Faith Kendi, Samuel Karanja and James Kabarita, were to compensate the respondent Kshs 2.3M for Plot No. 26 Block 7/429, contributing Kshs 1.1M, Kshs 600,000 and Kshs 600,000 respectively, with the lease title to be transferred to Faith Kendi upon full payment. Counsel for the respondent informed the court that only sh.180,000 had been paid, leaving a balance of sh.420,000 in this file, and sought to execute. Counsel for the appellants sought more time, arguing that no timelines had been set. The court perused the record and held that although the settlement was partial and without timelines imposed by the court, the agreement itself recorded that the judgment debtors wanted one year to pay. That year having elapsed, the court could not vary the parties' own voluntary proposal. The application to execute on the balance was accordingly allowed. The ruling was delivered at Nanyuki on 8 July 2026 via Microsoft Teams.

Key legal issues

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Whether execution may issue on a partial settlement recorded as a judgment where the agreed one-year period has expired

Holding

Yes - execution on the balance is allowed because the one-year period proposed by the judgment debtors has lapsed and the court cannot vary the parties' own agreement

Reasoning

The mediation agreement of 23.5.2025 was adopted as judgment on 28.1.2026. It provided for payment of Kshs 2.3M within one year, a timeline proposed by the judgment debtors themselves. Only part of the balance remained unpaid after a year. Since mediation is voluntary and its terms emanate from the parties, the court lacks power to vary the agreed timeline; the respondent is therefore entitled to execute for the outstanding balance.

p. 3

Legal principles established

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  • A court cannot vary the terms of a voluntary mediation agreement recorded and adopted as a judgment, including timelines agreed by the parties themselves

Court orders

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  1. 1.The application to execute on the balance of the mediation settlement sum is allowed
Jurisdiction invoked
Environment and Land Court Act (ELC appeal jurisdiction, ELCLA No. E023 of 2024); enforcement of a mediation agreement adopted as a judgment of the court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kanoro v Wagate & 2 others (Environment and Land Appeal E023 of 2024) [2026] KEELC 4420 (KLR)", Case Analysis (2026). ELCLA NO. E023 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4420/eng@2026-07-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.