Mintina Ene Keton Koponi (Suing as a legal representative of the estate of Keton Ole Koponi Parsena (Deceased) v Francis Njakwe Gathiari & 2 others [2019] KEELC 2104 (KLR)

Facts

The Plaintiff, Keton Ole Koponi Parsena, was an elderly, illiterate, and indigent individual who signed a consent dated 18 July, 2018, to terminate her services with her previous Advocates and withdraw the suit. The 1st Defendant, Francis Njakwe Gathiari, paid Kshs. 485,000 to the Plaintiff, and the Plaintiff's son received some of this money. The Plaintiff claims she was not aware of the consent's terms and was not given a chance to consult with the estate's beneficiaries.

Issues

1. Whether the Consent dated 18 July, 2018 should be arrested and not recorded or adopted as an Order/ Decree.
2. Whether an inhibition order should issue in respect of land parcel Ngong/ Ngong/ 13500 or any of its intended subdivisions.

Reasoning

The court finds it baffling that all documents were signed on the date Mr. Itaya represented the Plaintiff in court and there was no indication of the Plaintiff's intention to negotiate an out-of-court settlement with the 1st Defendant. The Plaintiff was not aware of the consent's terms and was not given enough time to consult the other beneficiaries.

Outcome

The Consent dated 18 July, 2018 is set aside.

Authorities cited