Nakitare v Matimamu & 2 others (Environment and Land Case E011 of 2025) [2026] KEELRC 905 (KLR) (10 March 2026) (Ruling)

Summary at a glance

Facts

The Applicant, Maurice Nalianya Nakitare, sought to have the mediation agreement and subsequent orders set aside due to the mediator's alleged unfairness and the Applicant's claimed lack of understanding of the agreement. The Respondents, Pereta Nalianya Matimamu, Francis Juma Matimamu, and John Kirwa Matimamu, opposed the application.

Issues

• Whether the court should stay execution of the mediation agreement and set the suit for hearing
• Whether the Applicant was illiterate and understood the mediation agreement

Reasoning

The court finds that the Applicant was not illiterate and that he understood the mediation agreement. The court grants the application to set aside the mediation agreement due to the mediator's alleged unfairness.

Outcome

Application granted

Orders

• Stay of execution of the mediation agreement and setting the suit for hearing

Remedies

• Costs of the application will be in the cause

Authorities cited