Lelei & 2 others v Tanui & 2 others (Enviromental and Land Originating Summons E019 of 2023) [2026] KEELC 4973 (KLR)

pursuant to, inter alia, sections17, 30, & 38 of the Limitation of Actions Act, cap 22 Laws of Kenya for the orders infra; a) That this Court declares that the registered proprietor’s interest, his successors in title, or whomsoever claiming through him that may be and or may have been registered as the Proprietor over a portion comprising 3.10, 1.80 and 2.20 acres respectively occupied, possessed and used by the Applicants out of parcel Nandi/Songoliet/12 (The suit property herein), be extinguished. b) That the Honourable Court be pleased further to order and direct that the 3.10, 1.80 and 2.20 Acres, respectively (Total Area – 7.10 Acres) out of the suit property be vested on the Applicants. 2. The defendants Company through Advocates, Kipkorir, opposed Kipkorir the and originating summons by the replying affidavit sworn on 1 st July 2024 herein. KAPS. ELCC E019 OF 2023 JUDGMENT 2

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3. It is noteworthy that the parties agreed to settle the instant dispute by the Partial Mediation Agreement dated 7th July 2025 which reads; “(a) That Patrice Kiplimo Lelei of ID 329738 be compensated with 2.5 Acres of land by Nobert Ngetich of ID 28054354 elsewhere. The land should not have rocks or be swampy but should be tillable. (b) That Celestine Cheruiyot of ID 6874496 be compensated with 2.00 Acres of land by Nobert Ngetich of ID No. 2805435 elsewhere. The land should not have rocks or be swampy but should be tillable. (c) That Robert Kiptoo Sumet and Nobert Ngetich have not reached settlement so their case will go back to court. (d)That Nobert Ngetich has agreed that Patrice Kiplimo will vacate the land in question after harvest and Celestine’s structure shall be compensated upon valuation.” 4. Additionally, the consent dated 30th July 2026 by counsel for the respective parties herein states that KAPS. ELCC E019 OF 2023 JUDGMENT 3

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the amended Originating Summons dated 10th June 2024 be and is hereby compromised in the following terms; ” (a) That, the partial mediation agreement dated 7 th July 2025 be adopted as an order of this Honourable Court. (b) That, the 2nd Defendant shall compensate the 2nd Plaintiff in the sum of Ksh. One Million Eight Hundred Shillings Only (1,800,000/=) for the claim of 1.8 acres Nandi/Songoliet/654, out which of the amount parcel shall be deposited to the 2nd Plaintiffs Equity Bank Account Number 0550191841379, Westlands Branch, in the names of Robert Kiptoo Sumey. (c ) That upon the payment of the sum in full, the 2 nd Plaintiff shall vacate the parcel. (c) That this Honourable Court do issue a mention date to confirm compliance.” 5. In the foregone, the issues for determination pertain to the parties’ ownership rights and interests over the suit property and whether the partial settlement KAPS. ELCC E019 OF 2023 JUDGMENT 4

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agreement as read with the consent have disposed of this suit. 6. Mr Sang instructed by Mr K. Choge learned counsel for the plaintiffs referred to the consent and implored the court to adopt the same as judgment herein accordingly. 7. Mr Kipkorir learned counsel for the 2 nd defendant also urged the court to adopt the consent as judgment herein. 8. In the instant case. I am guided by the settled law that that validly entered consent agreements are binding contracts that draw their authority from the mutual agreement of the parties who freely reached the settlement or consent. That the court has to adopt the same and give effect to it; see Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR) and Otogo vs Wamboye & 6 others {2025} KECA 327 (KLR). 9. A fortiori, judgment be and is hereby entered in terms of the consent as read with the partial KAPS. ELCC E019 OF 2023 JUDGMENT 5

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settlement agreement as set out in paragraphs 3 and 4 hereinabove accordingly. 10. By dint of the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the decision in the case of Rai & 3 others vs Rai & 4 others {2014} KESC 31 (KLR), parties to bear their own costs. 11. It is so ordered. Dated and Delivered at Kapsabet this 30th day of July 2026. HON. G M A ONGONDO JUDGE In the presence of; 1. Mr. Sang learned counsel for the plaintiffs 2. Mr. Kipkorir learned counsel for the 2nd defendant 3. No appearance for the 1st and 3rd defendants 4. Walter and Emmaculate, court assistants KAPS. ELCC E019 OF 2023 JUDGMENT 6

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