Kenya Case Law

Muriithi & 2 others (Suing on Their Own Behalf and on Behalf of Oljabet Jua Kali Artisan Community Based Organisation (CBO) as the Chairman, Secretary & Treasurer) v Gitonga & 2 others (Sued on Their Own Behalf and on Behalf of Marmanet Jua Kali Society as the Chairman, Secretary & Treasurer)

Muriithi & 2 others (Suing on Their Own Behalf and on Behalf of Oljabet Jua Kali Artisan Community Based Organisation (CBO) as the Chairman, Secretary & Treasurer) v Gitonga & 2 others (Sued on Their Own Behalf and on Behalf of Marmanet Jua Kali Society as the Chairman, Secretary & Treasurer) [2024] KEELC 6426 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2024

Judge

AK Bor

The Environment and Land Court declined to stay execution pending appeal, finding the appellants had not shown substantial loss or offered security under Order 42 Rule 6.

• Stay Of Execution
• Public Land Disputes
• Community Based Organizations
• Injunctive Relief
• Stay-of-execution
• Order-42-rule-6

Active Environmental Team v The National Land Commission & 2 others

Active Environmental Team v The National Land Commission & 2 others [2024] KEELC 5727 (KLR)

Court

Environment and Land Court

Case number

Petition 27 of 2021

Judge

FM Njoroge

The court held that while the petitioner, as a community based organization, falls within the definition of 'person' under Article 260 of the Constitution, it is an unincorporated entity and therefore lacks legal capacity to sue in its own name. However, this defect is not fatal at this stage of proceedings. The law and precedent allow for amendment of pleadings to cure such defects by naming the officials of the CBO as suing on its behalf. The objection was raised at an early stage, and the petitioner should be allowed to amend the petition accordingly. The application to strike out the peti…

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• Locus Standii
• Capacity To Sue
• Public Interest Litigation
• Representative Actions
• Amendment Of Pleadings
• Community Based Organizations

Republic v County Government of Nyandarua & another; Rift Valley Water Services Board (Interested Party); Nyakanja Water & Sanitation Company Limited (Formely Nyakanja Water Services Provider Society) (Exparte Applicant)

Republic v County Government of Nyandarua & another; Rift Valley Water Services Board (Interested Party); Nyakanja Water & Sanitation Company Limited (Formely Nyakanja Water Services Provider Society) (Exparte Applicant) [2024] KEHC 1426 (KLR)

Court

High Court

Case number

Miscellaneous Civil Cause 4 of 2017

Judge

RM Mwongo

The court found that the ex-parte applicant, both as a society and after conversion to a company limited by guarantee, was not an entity created by or under the national government. Therefore, the constitutional and statutory provisions on the transfer of functions from the national to county governments did not apply to it. The respondents failed to demonstrate any legal basis for dissolving the ex-parte applicant or appropriating its assets. Their actions were ultra vires, lacking statutory authority, and contravened the principle of legality, which requires public bodies to act strictly wi…

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• Judicial Review
• Ultra Vires Actions
• Public Bodies Powers
• Water Services Regulation
• Company Conversion
• Community Based Organizations

Andu Akuru A Twiga CBO v Chief Land Registrar; National Land Commission (Interested Party)

Andu Akuru A Twiga CBO v Chief Land Registrar; National Land Commission (Interested Party) [2023] KEELC 20419 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E013 of 2023

Judge

JA Mogeni

The Environment and Land Court struck out a suit by a community-based organization, holding it lacked legal capacity to sue in its own name.

• Locus Standi
• Legal Capacity Of Unincorporated Bodies
• Community Based Organizations
• Striking Out Suits
• Locus-standi
• Community-based-organizations

Kyalo & 2 others v Muthama & 8 others

Kyalo & 2 others v Muthama & 8 others [2022] KEHC 9771 (KLR)

Court

High Court

Case number

Commercial Case E001 of 2021

Judge

GV Odunga

The court found that the Plaintiffs/Respondents had locus standi to bring the suit as they had a sufficient interest in the affairs of the Kangundo Town Business Community, which, though unregistered, existed with a constitution and elected officials. The court held that the lack of written authority from other Plaintiffs/Respondents was not fatal, as the averment of authority in the affidavit was sufficient. The court distinguished the cited authority on non-existent entities, noting that the organization in question was not deregistered but simply unregistered and continued to operate. On t…

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• Locus Standi
• Representative Actions
• Striking Out Pleadings
• Capacity To Sue
• Community Based Organizations

Moses Kanyoro, Mary Wanjiku Mwangi,Sharon Achieng, Job Mulee,Rose Agola,Buxton Abwasi,Kennedy Bunyasi, Wycliffee Indalu & Jairo Willis v Social Development Officer, Makadara Constituency, Camp Toyoyo Project Management Committee & Attorney General

Moses Kanyoro, Mary Wanjiku Mwangi,Sharon Achieng, Job Mulee,Rose Agola,Buxton Abwasi,Kennedy Bunyasi, Wycliffee Indalu & Jairo Willis v Social Development Officer, Makadara Constituency, Camp Toyoyo Project Management Committee & Attorney General [2020] KEHC 9165 (KLR)

Court

High Court

Case number

Judicial Review Application 176 of 2018

The court held that the dispute was fundamentally a civil matter involving contested facts, including the validity of the applicants' removal, the lapse of tenure, and the process of stakeholder nominations. Judicial review is not the appropriate forum for resolving such factual disputes, as it is limited to reviewing the legality of the decision-making process, not the merits or underlying facts. The applicants failed to demonstrate illegality, procedural impropriety, or ultra vires action by the respondents. The court found no evidence that the first respondent acted outside its mandate reg…

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• Judicial Review Scope
• Procedural Fairness
• Ultra Vires Actions
• Community Based Organizations
• Natural Justice
• Remedies Certiorari Prohibition

Adan Abdi Ali & 20 others v Cahirman Kwa Njenga Al –Huda Mosque Committee & another Supreme Council of Kenya Muslims(Interested Party)

Adan Abdi Ali & 20 others v Cahirman Kwa Njenga Al –Huda Mosque Committee & another Supreme Council of Kenya Muslims(Interested Party) [2019] KEHC 326 (KLR)

Court

High Court

Case number

Civil Case 161 of 2019

Judge

JK Sergon

The court found that while the plaintiffs raised triable issues regarding the management and control of the mosque, the question of their membership and the legitimacy of the committee could only be determined at trial. The plaintiffs failed to demonstrate that they would suffer irreparable loss that could not be compensated by damages if the injunction was denied. There was no credible evidence that the defendants were disposing of mosque assets. As the plaintiffs did not meet the threshold for an interlocutory injunction, particularly on irreparable harm, the application was dismissed. The…

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• Interlocutory Injunctions
• Locus Standi
• Management Of Trust Property
• Community Based Organizations

Richard Gitau Mwaura v Nathan Manyali

Richard Gitau Mwaura v Nathan Manyali [2017] KEELC 871 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 82 of 2016

The court granted eviction orders after finding the plaintiff proved he was the rightful allottee of Plot No. 10 and the defendant offered no defence.

• Eviction
• Trespass To Land
• Allocation Of Land
• Community Based Organizations
• Trespass-to-land
• Land-allocation

Francis K. Baya, Joseph Kiringi & Clementina Mapenzi (Suing on their behalf as Chairman, Secretary and Treasurer Respectively as Officials and on Behalf of Members of Rainbow Community Care Kibokoni v Sammy Mutile & Denise Knotte Mtile

Francis K. Baya, Joseph Kiringi & Clementina Mapenzi (Suing on their behalf as Chairman, Secretary and Treasurer Respectively as Officials and on Behalf of Members of Rainbow Community Care Kibokoni v Sammy Mutile & Denise Knotte Mtile [2015] KEELC 461 (KLR)

Court

Environment and Land Court

Case number

? 34 of 2014

The court found that Rainbow Community Care Kibokoni was a legally registered community-based organization at the time the suit properties were acquired. The evidence, including financial statements, bank records, and sale agreements, established that the purchase price for Kilifi/Kibokoni/Block M 13D/113 and 114 was paid entirely from donor funds remitted to the organization's account, not from the Defendants' personal resources. The Defendants, as signatories to the organization's account, registered the properties in their own names but did not contribute any personal funds. The court held…

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• Resulting Trusts
• Community Based Organizations
• Ownership Of Land
• Donor Funding Disputes
• Registration Of Title
• Locus Standi

DENNIS OLOLOIGERO & 2 OTHERS V THE ART OF VENTURES LTD & 2 OTHERS

DENNIS OLOLOIGERO & 2 OTHERS V THE ART OF VENTURES LTD & 2 OTHERS [2006] KEHC 3451 (KLR)

Court

High Court

Case number

Civil Case 1358 of 2005

Judge

JA Aluoch

The High Court struck out a plaint and chamber summons after finding the plaintiffs lacked legal capacity to sue as an unregistered society.

• Legal Capacity To Sue
• Representative Actions
• Registration Of Societies
• Community Based Organizations
• Legal-capacity-to-sue
• Representative-actions