Billhouse Investments Limited v Tanui (Environment and Land Case E028 of 2025) [2025] KEELC 7683 (KLR) (6 November 2025) (Judgment) Neutral citation: [2025] KEELC 7683 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E028 OF 2025 GMA ONGONDO, J NOVEMBER 6, 2025 BETWEEN BILLHOUSE INVESTMENTS LIMITED ................................................ PLAINTIFF AND PRISCAH JEPNGETICH TANUI ......................................................... DEFENDANT JUDGMENT 1. The Plaintifi through Kipruto Maritim and Company Advocates, sued the Defendant by way of a plaint dated 20th October 2025 for four orders, inter alia, an order of eviction in respect of the suit land, Nandi/kipkaren Salient/952 belonging to the Plaintifi. 2. Simultaneously, the Plaintifi filed a notice of motion application of even date for interim injunction over the suit land pursuant to, inter alia, Order 40 of the Civil Procedure Rules 2010. 3. The Defendant through George O. Anyumba and Company Advocates filed a memorandum of appearance dated 27th October 2027 in this suit. 4. Mr. Maritim learned counsel for the Plaintifi has drawn the attention of the Court to the consent dated 28th October 2025 duly signed by counsel for the respective parties herein. He then urged the court to adopt it as judgment in this matter. 5. Mr. M.C. Ouma instructed by Anyumba learned Counsel for the Defendant afirmed the said proposition. He implored the Court to approve the consent accordingly. 6. I have considered the plaint, the memorandum of appearance, the consent and the request of both parties. The issues for determination relate to whether the Plaintifi is deserving of the orders sought in the plaint and contained in the consent. 7. It is common ground that the consent be endorsed as judgment herein. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7683/eng@2025-11-06 1
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8. On that score, I subscribe to the decision of the Supreme Court of the Republic of Kenya in the case of Geofirey Asanyo & 3 others-vs- Attorney General {2020} KESC 62 (KLR) that litigants should not be denied an opportunity to explore Alternative Disputes Resolution (ADR) under Article 159 (2) (c) of the Constitution of Kenya 2010. That the parties are at liberty to consent to terms of settlement of the matter. 9. I therefore, applaud the parties for having settled this matter in the spirit of Article 159 (2) (c) (Supra). 10. Wherefore, I hereby enter judgment for the plaintifi against the defendant as I approve the consent of both parties and this matter be settled in the following terms; a. An order of eviction be and is hereby issued against the Defendant, her agents, servants and anybody claiming through her from suit parcel of land number Nandi/kipkaren Salient/952 within 7 days failure of which forceful eviction shall be carried out. b. An order of permanent injunction be and is hereby issued against the Defendant, her agents, servants and anybody claiming through her from trespassing upon parcel of land number Nandi/kipkaren Salient/952 belonging to the Plaintifi c. The OCS Kipkaren Salient Police Station to ensure full compliance d. That each party shall bear own costs. DATED AND DELIVERED AT KAPSABET THIS 6TH DAY OF NOVEMBER 2025 HON. G M A ONGONDO JUDGE In the presence of; Mr. Kipruto Maritim Learned Counsel for the Plaintifi Mr. M C Ouma instructed by Mr Anyumba Learned Counsel for the Defendant Walter, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7683/eng@2025-11-06 2
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