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ELCDismissedELC Case No. E321 of 2022· [2026] KEELC 6161 (KLR)

Saronera Limited v Mohamed Abdi Were, Hussein Hassan Amin & Josephat Namada Simoni

Environment and Land Court
5 October 2026
COChristine Ochieng
1,792 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court ruled that defendants who signed a consent judgment to refund Kshs.20 million remain liable unless they prove fraud or collusion.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (Ochieng J) determined the 1st and 3rd Defendants' Notice of Motion dated 3rd October 2025 seeking their discharge from the proceedings and a declaration that the balance of liability rested on the 2nd Defendant alone. The suit arose from a failed joint venture development on LR No. 3734/252 in which the Plaintiff paid a Kshs.20 million deposit. By a Consent adopted on 11th May 2023, all three Defendants admitted liability to refund the deposit by 30th June 2023, failing which the Plaintiff could execute. The applicants, who had paid Kshs.12.5 million, alleged an understanding that the 2nd Defendant would solely bear the balance of Kshs.7.5 million. The Plaintiff opposed, maintaining the Consent remained jointly and severally binding and had never been varied or set aside. The Court framed a single issue: whether the 1st and 3rd Defendants should be discharged. Relying on section 3A of the Civil Procedure Act and the consent-judgment principles in Brooke Bond Liebig v Mallya as restated in Samson Munikah v Wedube Estates, the Court held the applicants bound by the Consent; discharging them would amount to varying it, and no fraud, collusion, misapprehension or ignorance of material facts was demonstrated. The application was dismissed with costs to the Plaintiff.

Key legal issues

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01

Whether the 1st and 3rd Defendants could be discharged from proceedings on the basis of partial payment and an alleged understanding that the 2nd Defendant would bear the balance

Holding

No. They are bound by the Consent Judgment admitting joint liability to refund Kshs.20 million; discharging them would vary the Consent, and no ground for interfering with a consent judgment was established.

Reasoning

The Consent of 11th May 2023 recorded the Defendants' admission of liability to refund Kshs.20 million with liberty to execute on default. The Court, applying the principles in Brooke Bond Liebig v Mallya via Samson Munikah v Wedube Estates, held that a consent judgment binds parties and can only be varied on grounds such as fraud, collusion, misapprehension or ignorance of material facts. None was proved; the alleged side agreement was denied and would in any event vary the Consent.

Legal principles established

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  • A consent judgment freely entered into is binding and cannot be varied or discharged except on grounds such as fraud, collusion, or ignorance of material facts

Court orders

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  1. 1.The 1st and 3rd Defendants' Notice of Motion dated 3rd October 2025 is dismissed
  2. 2.Costs of the application to the Plaintiff
Jurisdiction invoked
Section 3A of the Civil Procedure Act (inherent power)

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, "Saronera Limited v Mohamed Abdi Were, Hussein Hassan Amin & Josephat Namada Simoni", Case Analysis (2026). ELC Case No. E321 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6161/eng@2026-10-05

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