Automated Summary
Key Facts
The applicant sought to set aside a mediation agreement dated 19/6/2025, arguing it contained a mistake regarding a land parcel (Waitaluk/Mabonde Block 5/Kebulwet/560) with a 3-bedroom house where her children reside, which could affect their welfare. The court found no valid grounds for setting aside the agreement as the applicant did not provide evidence of misrepresentation, fraud, duress, or a fundamental mistake. The court emphasized that children's interests are addressed separately through a children's case, not a matrimonial cause, and dismissed the application without costs.
Transaction Type
Sale of property (Waitaluk/Mabonde Block 5/Kebulwet/560) through mediation agreement
Issues
- The applicant informally stated during the hearing that she felt intimidated and unfairly treated by the mediator but did not provide an affidavit to support these claims. The court must consider if these informal assertions are sufficient to vitiate the agreement.
- The applicant argues that the property division in the mediation agreement affects her children's welfare. However, the court notes that children's interests are a separate legal matter and not part of the matrimonial cause, thus not a valid ground for setting aside the agreement.
- The applicant's second prayer is for the court to hear and determine the case, rather than relying on the mediation agreement. The court is assessing whether this request has merit given the unopposed nature of the application.
- The applicant requests the court to set aside the mediation settlement agreement dated 19/6/2025, arguing that it mistakenly included a parcel of land with a house where her children reside, and that sharing the property would negatively impact their welfare. The court must determine if this constitutes a valid ground for setting aside the agreement.
Holdings
The court found no merit in the applicant's application to set aside the mediation settlement agreement dated 19/6/2025, as she failed to establish any of the recognized grounds for vitiation (misrepresentation, duress, mistake, illegality, or lack of capacity). The application was disallowed without costs.
Remedies
The application to set aside the mediation agreement is disallowed by the court. The court found no merit in the application dated 24/10/2025 and denied the request to have the matter heard and determined, as well as the provision of costs.
Legal Principles
The court held that mediation agreements are binding and can only be set aside on grounds such as misrepresentation, fraud, duress, coercion, fundamental mistake, or if the agreement is oppressive, unfair, illegal, or against public policy. The applicant failed to establish any of these grounds, including the informal claim of intimidation without sworn evidence.
Judge Name
R.K. Limo
Passage Text
- In the premises this court finds no merit in the application dated 24/10/2025. The same is disallowed but I make no order as to costs.
- The issue of children and their rights are a separate issue from a matrimonial cause. In any event when the applicant brought this originating summons, she sought for the valuation of the subject property WAITALUK/ MABONDE BLOCK 5/KEBULWET/560, sale and distribution of proceeds of same according to each party's contribution. She did not mention anything to do with children. If there are children or issues of marriage, their interests will be adjudicated through a children's case not a matrimonial cause.
Damages / Relief Type
- Set aside the mediation settlement agreement dated 19/6/2025.
- That this matter be heard and determined by this court.
- Costs be provided for.