RULING
Adopting a consent
1. The defendant’s notice of motion dated 17.3.2025, sought the setting aside of the interlocutory judgment and stay of all consequential orders therefrom. As a consequence, the defendant also sought leave to file the draft defence annexed and that the matter to proceed de novo.
2. The application is expressed to be brought under Order 10 Rule 11 of the Civil Procedure Rules and is supported by an affidavit sworn by the applicant’s director, Robert Kimani Kuria on 17.3.2025.
3. However, whilst the matter was pending ruling, by a letter dated 13.10.2025, the parties requested that a consent be recorded in accordance with the terms set out thereunder.
4. A court of law should ordinarily adopt a consent by the parties, except where it finds, inter alia, that the consent was procured by fraud, collusion, misrepresentation, or mistake or the consent is contrary to the Constitution, written law or public policy or a party lacked capacity or the legal counsel lacked authority to enter the consent or the consent was not based on sufficient facts. These are also some of the grounds for setting aside a consent.
5. None or more of these grounds have been claimed or shown to exist in respect of this consent. Accordingly, the consent dated 13.10.2025 is adopted as an order of this court.
Dated, signed and delivered at Nairobi this 22nd day of January, 2026 through Microsoft Teams online application
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F. Gikonyo M
Judge
In the presence of:
Ms. Munyogu for Ms. Kendi for Plaintiff
Ms. Gathogo for defendant
CA- Godfrey
Adopting a consent
1. The defendant’s notice of motion dated 17.3.2025, sought the setting aside of the interlocutory judgment and stay of all consequential orders therefrom. As a consequence, the defendant also sought leave to file the draft defence annexed and that the matter to proceed de novo.
2. The application is expressed to be brought under Order 10 Rule 11 of the Civil Procedure Rules and is supported by an affidavit sworn by the applicant’s director, Robert Kimani Kuria on 17.3.2025.
3. However, whilst the matter was pending ruling, by a letter dated 13.10.2025, the parties requested that a consent be recorded in accordance with the terms set out thereunder.
4. A court of law should ordinarily adopt a consent by the parties, except where it finds, inter alia, that the consent was procured by fraud, collusion, misrepresentation, or mistake or the consent is contrary to the Constitution, written law or public policy or a party lacked capacity or the legal counsel lacked authority to enter the consent or the consent was not based on sufficient facts. These are also some of the grounds for setting aside a consent.
5. None or more of these grounds have been claimed or shown to exist in respect of this consent. Accordingly, the consent dated 13.10.2025 is adopted as an order of this court.
Dated, signed and delivered at Nairobi this 22nd day of January, 2026 through Microsoft Teams online application
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F. Gikonyo M
Judge
In the presence of:
Ms. Munyogu for Ms. Kendi for Plaintiff
Ms. Gathogo for defendant
CA- Godfrey