REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ELC APPEAL NO. E023 OF 2024 SAMUEL KARANJA KANORO…….. …………………….APPELLANT VERSUS ANASTACIA MUNYUTHA WAGATE……….…..1ST RESPONDENT FAITH KENDI …………………………….……….2ND RESPONDENT JAMES KABARITA NJOGU…………….……….3RD RESPONDENT RULING 1. A mediation agreement on partial settlement dated 23.5.2025 was recorded by the parties and was adopted as a judgment of the court on 28.1.2026. The same related to two suits namely EA23 OF 2024 and EA22 OF 2024and reads as follows; “ We, the undersigned parties in this matter, have agreed to settle our dispute as follows; 1. Faith Kendi, Kabarita ELCLA NO. E023 OF 2024 Samuel shall Karanja compensate [RULING] and James Anastasia Page 1 of 4
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Munyutha, Ksh 2.3M (Two million and three hundred Kenya shillings), for plot No. 26 Block 7/429. 2. The three shall contribute the kshs 2.3M as follows: a. Faith Kendi - Kshs 1.1M b. Samuel Karanja – Ksh 600,000 c. James Kabarita – Ksh 600,000 3. Upon full payment of kshs 2.3M, Anastasia Munyutha, shall transfer the lease title of Plot No. 26 Block 7/429 to Faith Kendi through Anastasia’s lawyer. 4. The said amount (2.3M) shall be deposited to Anastasia Munyutha’s lawyer.” 2. On 10.6.2026, counsel for the respondent made an application to execute as they have only been paid sh. 180 000 and there is a balance of sh 420 000 in this particular file. On the other hand, counsel for the appellant sought for more time arguing that there were no timelines. This ruling relates to the application made by the respondent to execute the judgment. ELCLA NO. E023 OF 2024 [RULING] Page 2 of 4
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3. I have keenly perused the record. Indeed the settlement was partial, of which the parties did not agree on the timelines. But the agreement is in black and white that the Faith Kendi, Samuel Karanja and James Kabarita wanted ONE YEAR. That was not a timeline imposed upon on them, it was their own statement. A year has passed and the judgment debtors still want more time. However, the court cannot vary their proposal since emanating mediation from the is parties a voluntary themselves. agreement In the circumstances, the application to execute on the balance is hereby allowed. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8TH DAY OF JULY 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nancy Mwangi – C/A M/s Wangu for appellant ELCLA NO. E023 OF 2024 [RULING] Page 3 of 4
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Muthoni for 1st respondent ELCLA NO. E023 OF 2024 [RULING] Page 4 of 4
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