Ochi & 43 others v Kiogoro Land Disputes Tribunal & 10 others (Civil Application 5A of 2013) [2023] KECA 304 (KLR) (17 March 2023) (Ruling)

Facts

The applicant, James Bichange Kenyariri, sought leave to be joined as an interested party and to vary a consent order made on 15th November, 2016. The consent order was made as a result of an appeal against the High Court of Kenya at Kisii's ruling in Misc. Civil Application No. 81 of 2011. The applicant alleged that Dr. Christopher Orina Kenyariri, who was appointed as an administrator by the court, had subdivided the deceased's land without the knowledge of the applicant and other beneficiaries.

Issues

1. Whether the conditions for setting aside the consent order have been met.
2. Whether the applicant's application was brought timeously.
3. Whether the consent order can be varied, set aside or reviewed without all parties participating in the proceedings.
4. Whether the consent order has already been executed and thus cannot be reviewed.

Reasoning

The court found that the conditions for setting aside the consent order have not been met, the application was not brought timeously, the consent order cannot be varied, set aside or reviewed without all parties participating, and the consent order has already been executed.

Outcome

Dismissed