In Geoffrey M. Asanyo & 3 others v Attorney General [2018] eKLR, the Supreme Court grappled with two questions; when does a consent by the parties transmute into an Order of the Court? What is the role of the Court in the adoption of the consent?
The Petitioners sought to set aside the Judgment of the Court of Appeal, which had disposed of the substantive matter in disregard of a consent between the parties. Upon considering the matter, on 20 November 2018, the Supreme Court held that the Court of Appeal should have adopted the consent of the parties. The Court also declared the Judgment of the Court of Appeal to be a nullity, and void ab initio, including since Justice Kiage failed to deliver his reasoning for the judgment, yet such non-delivery did not fall within the regular legal exceptions. The Supreme Court remitted the matter to the Court of Appeal to adopt a consent earlier entered between the parties and nullified the judgment.