Optiven Limited: Kenya Representative Action Settlement Ends High Court Case

• A representative action against Optiven Limited by Peter Mulati Nabiswa has been withdrawn following a private settlement.
• The Kiambu High Court Civil Suit No. E033 of 2026 was authorized as a representative action on August 4, 2026.
• Public notices, including Kenya Gazette Notice No. 13211, were published but subsequently withdrawn after the settlement.
• A consent agreement was reached on August 28 and adopted by the High Court on September 21, ending the proceedings.
• The specific claims, settlement terms, or any admissions of liability were not publicly disclosed.

This resolution marks the conclusion of a significant legal proceeding that had initially been authorized to represent a broader group of affected individuals.

A legal dispute involving property developer Optiven Limited and plaintiff Peter Mulati Nabiswa, which had been filed as a representative action, has been formally withdrawn following a private settlement between the parties. The case, registered as Kiambu High Court Civil Suit No. E033 of 2026, Peter Mulati Nabiswa v Optiven Limited, was brought to an end after a consent agreement was reached and subsequently adopted by the High Court. This resolution marks the conclusion of a significant legal proceeding that had initially been authorized to represent a broader group of affected individuals.

The High Court in Kiambu had granted permission for the lawsuit to proceed as a representative action on August 4, 2026. This authorization meant that Mr. Nabiswa was empowered to pursue the claims not only for himself but also on behalf of other individuals who might have been similarly impacted. Following this judicial directive, public notices were mandated for publication in prominent Kenyan newspapers, the Daily Nation and The Standard, as well as in the Kenya Gazette. Consequently, Gazette Notice No. 13211, dated August 10, was issued, alerting the public to the ongoing representative proceedings against Optiven Limited.

The parties involved in the Kiambu High Court Civil Suit E033 of 2026 reached a consent agreement on August 28, which was then officially adopted by the High Court on September 21. This judicial endorsement of the private settlement effectively brought the representative proceedings to a close. As a direct consequence of this resolution, a subsequent notice was issued, directing the withdrawal of the previously published Gazette Notice No. 13211 and all corresponding notices that had appeared in the Daily Nation and The Standard.

The withdrawal notice, issued by Odek Law, the legal firm representing Mr. Nabiswa, explicitly stated that "Pursuant to the said Consent and the Order of the Court dated the 21st September, 2026, Gazette Notice No. 13211 dated the 10th August, 2026, together with the corresponding notices previously published in the Daily Nation and The Standard, is hereby withdrawn." This action formally rescinded the public notification of the representative action, confirming the private resolution of the Optiven property dispute settlement. The specific claims made against Optiven, the detailed terms of the settlement, and whether any admission of liability or payment agreements were part of the resolution, were not disclosed in the public notice.

This Optiven Limited representative action settlement Kenya case provides a notable example of how even publicly notified class-action-style lawsuits can be resolved through private negotiation. The successful Kenya representative action withdrawal, following the court's adoption of a consent agreement, demonstrates a pathway for defendants to mitigate potential widespread liability that might arise from such proceedings. The ability to settle a case and subsequently withdraw public notices, including those in the Kenya Gazette, offers a mechanism for managing legal exposure.

For legal practitioners advising property developers or clients facing potential representative actions in Kenya, this outcome underscores the importance of exploring settlement opportunities. The precedent set here suggests that a private resolution, even after a representative action has been authorized and publicly announced, can lead to the complete cessation of the legal process and the retraction of public notifications. This case highlights that the public nature of a representative action does not preclude a confidential, privately negotiated end, thereby limiting the long-term public impact of the initial filing.

Lawyers advising property developers or clients involved in potential class actions in Kenya should note that even representative actions, once publicly notified, can be resolved through private settlement, leading to the withdrawal of public notices. This case demonstrates a precedent for such resolutions, mitigating potential widespread liability for the defendant.

Source: Original reporting via Capital FM