Mbugua & another v Sumac Microfinance Bank Limited & 3 others (Civil Suit E010 of 2024) [2026] KEHC 1046 (KLR) (23 January 2026) (Consent) Neutral citation: [2026] KEHC 1046 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL SUIT E010 OF 2024 DO CHEPKWONY, J JANUARY 23, 2026 BETWEEN JULIUS GAKUU P/ MBUGUA ............................................................ 1ST PLAINTIFF ROSE NJERI NJAU ............................................................................. 2ND PLAINTIFF AND SUMAC MICROFINANCE BANK LIMITED ............................ 1ST RESPONDENT LAND REGISTRAR, KIAMBU COUNTY ................................ 2ND RESPONDENT CENTRAL BANK OF KENYA .................................................... 3RD RESPONDENT THE HON. ATTORNEY GENERA ............................................ 4TH RESPONDENT CONSENT 1. I have checked the Court Tracking System (CTS) and established that the directions on filing of the executed copy of Consent dated 3rd December, 2025 between both counsel for the parties have been complied with. 2. Consequently, pursuant to the request by counsel for the parties herein vide a Consent Order dated 22nd January, 2026, the said Consent is adopted as an order of this Court as follows:a. That the 1st Defendant shall within fourteen(14) days upon adoption of this Consent pay to the 1st Plaintiff Kenya Shillings One Million (Kshs.1,000,000/=) in full and final settlement of the claim forming the subject matter of this suit. b. That, upon adoption of the Consent as an order of the court, the 1st Defendant shall discharge all liabilities arising from overdraft amount and loan, account in the name of the 1st Plaintiff arising from:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1046/eng@2026-01-23 1
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c. i. Letter of Offer dated 31st December, 2020. ii. Letter of Offer dated 6th April, 2021. iii. Letter of Offer dated 19th July, 2021. iv. Letter of Offer dated 13th February, 2023. That within fourteen (14) days of adoption of the Consent by the Court, the 1st Defendant Bank shall duly execute and release the executed discharge of charge together with the original title deeds to the 1st Plaintiff for the following parcels; i. LR.Githunguri/Githunguri/4527 ii. LR. Ruiru/Ruiru East Block 7/1461 iii. LR. Kiambaa/Kanunga/1478 d. That within fourteen (14) days of adoption of the Consent by the court, the 1st Defendant Bank shall lodge a request for the removal of the 1st Plaintiff listing with the Credit Reference Bureau (CRB) (marked as settled) to the facilities referred to in Clause No.(B) above. e. That within fourteen (14) days of the adoption of this Consent, the Plaintiff shall formally withdraw the complaint lodged with the Banking Fraud Investigation Unit (BFIU) relating to the matter herein and the BFIU IF No.29 of 2025 and shall provide written confirmation of the said withdrawal to the 1st Defendant. f. That upon adoption of the Consent, this suit shall stand withdrawn with no orders as to court and the parties have no further claim against each other arising out of or in connection with the subject matter of this Court. g. That, in any event of material default by either parties I complying with the terms of this Consent, each party shall be at liberty to apply to the court for appropriate relief, including enforcement of this Consent. THIS CONSENT IS ADOPED THIS 23RD DAY OF JANUARY, 2026. D. O. CHEPKWONY JUDGE In the presence of: Court Assistant – Sakina/Martin Mr. Munene counsel for the 1st Defendant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1046/eng@2026-01-23 2
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