Waithaka v Kasina & 2 others (Civil Case E102 of 2024) [2026] KEHC 4979 (KLR) (Civ) (16 April 2026) (Ruling)

Waithaka v Kasina & 2 others (Civil Case E102 of 2024) [2026] KEHC 4979 (KLR) (Civ) (16 April 2026) (Ruling)

Section 18 of the Societies Act does not require the Plaintiff to exhaust administrative remedies with the Registrar before approaching the court; the Registrar’s role is supervisory, not arbitral, and the doctrine of exhaustion does not bar the court’s jurisdiction in this context.

Source-derived case information.

Citation
[2026] KEHC 4979 (KLR)
Parties
Plaintiff: Albert Gacheru Waithaka; 1st Defendant: Mbuvi Kasina; 2nd Defendant: Boniface Mbai Munyao, David Makovu Muli, Michael Mutiso Munyao (Sued as the current officials of Stony Athi Members Association); 3rd Defendant/applicant: The Attorney General (sued on behalf of Registrar of Societies)
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Civil Case E102 of 2024
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Preliminary Objection, Jurisdiction, Doctrine of Exhaustion, Societies Act, Leadership Dispute
Source Language
english
Civil Procedure Administrative Law Preliminary Objection Jurisdiction Doctrine of Exhaustion Societies Act Leadership Dispute

Source-derived case record

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Parties

Albert Gacheru Waithaka

Plaintiff

Mbuvi Kasina

1st Defendant

Boniface Mbai Munyao, David Makovu Muli, Michael Mutiso Munyao (Sued as the current officials of Stony Athi Members Association)

2nd Defendant

The Attorney General (sued on behalf of Registrar of Societies)

3rd Defendant/applicant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the 3rd Defendant’s Preliminary Objection is merited
  2. 2 Whether the Plaintiff was required to exhaust remedies under Section 18 of the Societies Act before approaching the court
  3. 3 Who ought to bear costs

Ratio Decidendi

Section 18 of the Societies Act does not require the Plaintiff to exhaust administrative remedies with the Registrar before approaching the court; the Registrar’s role is supervisory, not arbitral, and the doctrine of exhaustion does not bar the court’s jurisdiction in this context.

Court Disposition

Preliminary Objection dismissed

Orders

  • Each party to bear its own costs