Automated Summary
Key Facts
The defendant filed a notice of motion on 17.3.2025 seeking to set aside an interlocutory judgment and stay consequential orders, while requesting leave to file a draft defense and proceed de novo. The application was made under Order 10 Rule 11 of the Civil Procedure Rules, supported by an affidavit from director Robert Kimani Kuria. During the pending matter, the parties requested a consent via a letter dated 13.10.2025. The court adopted the consent as no grounds (fraud, collusion, misrepresentation, etc.) were shown to invalidate it, confirming the consent as an order of the court on 22 January 2026.
Tax Type
Other
Issues
The court considered whether to adopt the consent dated 13.10.2025 requested by the parties, which included setting aside the interlocutory judgment and stay of orders. The application was brought under Order 10 Rule 11 of the Civil Procedure Rules, and the court evaluated if the consent was procured by fraud, collusion, misrepresentation, or mistake, or if it was contrary to law or public policy. Finding no such grounds, the court adopted the consent as an order.
Holdings
The court adopted the parties' consent dated 13.10.2025 as an order of the court, finding no grounds for setting it aside such as fraud, collusion, or misrepresentation.
Remedies
The consent dated 13.10.2025 is adopted as an order of the court.
Tax Issue Category
Other
Legal Principles
The court adopted the consent dated 13.10.2025 as an order, noting that consents are generally adopted unless they were procured by fraud, collusion, misrepresentation, or mistake, or are contrary to law/public policy. None of these grounds were demonstrated here.
Cited Statute
Civil Procedure Rules of Kenya
Judge Name
F. Gikonyo M
Passage Text
- 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.
- 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.