ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
50. Enforcement of private settlementagr eements
Edition: 2022-12-31 · In force
50. Enforcement of private settlementagr eements
(1)Where a party to a private settlement agreement that has been registered under rule 48 wishes to have the agreement enforced by execution or otherwise, he or she shall apply to the court in Form 16 as set out in the Schedule indicating the intention to do so.(2)The registry shall, upon receiving the application under sub- rule 1, open a separate file for the private settlement agreement.(3)The file opened under subrule (2) shall be placed before the court within fourteen days for adoption.(4)The court may order that other parties or the mediator be served, or that the applicant or other party be heard or examined on oath before adopting the private settlement agreement, or make such order as it may deem necessary.(5)Where the court is satisfied that the private settlement agreement is duly signed meets the conditions specified in rule 46, the court may adopt it as a judgment of the court and issue an order or decree in the terms of the agreement.(6)A party who executed a private settlement agreement but who was not heard before its adoption by the court, or any other affected party, may, with leave of court, apply to set aside the adoption proceedings or resultant orders.(7)An aggrieved party may, within fourteen days, appeal against the order of the court made under subrule (6) but no appeal shall against the private settlement agreement itself or the contents thereof.