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…None of the factors which could give rise to the setting aside of a consent order.” [19] The 3rd Respondent argued that the consent order, as drafted, was self-executing.…

…order. [23] As accurately submitted by the 3rd Respondent, a consent order is a hybrid creature of law.…

…That the application is a delaying tactic intended to stop the Respondent from enjoying her suit property out of the consent order adopted in court.…

…thereon as per the consent order.…

…The 6th Interested Party does comply with the consent order dated 2nd October, 2018. The costs of the application be provided for.…

…The consent order merely required that each of the two families receives half or 50% of the land.…

…Wasike -vs- Destimo Wamboko [1988]eKLR wher it was held that a consent order has contractual effect and can only be set aside on grounds which would justify setting a contract aside.…

…While the Applicant complains that the consent order was entered into without its participation, there is no evidence of this.…

…His position is that by dint of the consent order, he can proceed to construct on the suit lands unhindered and that to grant an order of temporary injunction against him would be tantamount to setting aside of the consent…

…order.…

…The Appellants submitted further that the Applicant had not satisfied the conditions for setting aside a consent order. The Appellants urged the court to dismiss the application with costs.…

…The law is settled that a consent judgment or order has the same effect as a contract and can only be set aside on grounds which would justify the setting aside of a contract. See, Brooke Bond Liebig Ltd v.…

…Further directions in the consent order were that the application be canvassed by way of written submissions to be filed within given timelines and the matter was set for mention on 22/5/2025 for a date for ruling.…

…The grounds for setting aside a consent order are well settled.…

…When this application came up for hearing on 11th March, 2002 a consent order was recorded to the effect that the boundary be fixed as prayed.…

…I have in particular perused the consent order given on 11th March, 2002 and the joint surveyors report so as to determine the present application.…

…The Applicant subsequently changed counsel and filed a Notice of Motion dated 25 April 2024, seeking to review and set aside the Consent Order (Court of Appeal, Kisumu - Civil Appeal No. 128 of 2018).…

…The Applicant’s primary justification for the current suit is that the Court of Appeal consent order was obtained by fraud and collusion, and without his instructions, by his former advocate.…

…Perusal of the lower court file shows that the suit was compromised by a consent order recorded on 17/11/2022 and the file closed. For the foregoing reasons, I find that the appeal is incompetent.…

…The court record shows that the suit herein had been finalized vide a consent order that resulted in the decree dated 6th December, 2023.…

…The case herein having been settled amicably vide a Consent order that resulted in the decree, the orders prayed for in the application seek to review the consent and as submitted on behalf of the Respondent, grounds for…

…Whether, by reason of the consent order recorded and adopted on 31st July 2025, this Court is functus officio and thereby precluded from entertaining the Motion; ii.…

…I accept, without reservation, the principles urged upon me by the Respondents as to the nature and effect of a consent order.…

…On 16/6/98 in the presence of two counsel for the plaintiff and counsel then on record for the defendant the following consent order was made:- 1.…

…That they have good grounds for asking the court to set aside the consent order because at the time the consent order was made the defendants’ counsel then on record had no written authority from the defendants to enter into…

…Counsel submitted that review cannot issue when there is a consent order. Counsel submitted further that the application has not met the threshold for grant of an order of review.…

…That the suit was summarily determined through a consent order by the parties in issuing a permanent injunction against Lexo Energy.…

…To impeach a consent order or a consent judgment, it must be shown that it was obtained by fraud, or collusion or by an agreement contrary to the policy of Court.”…

…In Flora Wasike v Destimo Wamboko (1982 -1988)1 KAR 625, the court stated at page 626 as follows: “It is now settled law that a consent judgement or order has contractual effect and can only be set aside on grounds which…

…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…It was a consent order, made upon the Appellant’s own express concession, recorded in his presence and at his instance. The law on such orders is well settled.…

…Wasike v Destimo Wamboko [1988] eKLR, a consent order entered into by the parties has contractual effect and can only be set aside on grounds which would justify the setting aside of a contract, such as fraud, collusion,…

…It appears that they are reports made at the instance of the applicant to counter the contents of the report on record made pursuant to a consent order and which was relied on in the judgement.…