Kenya Case Law

Muli & others v Kenya Ports Authority & 2 others

Muli & others v Kenya Ports Authority & 2 others [2024] KEELC 316 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 84 of 2002

Judge

NA Matheka

The court held that while Order 1 Rule 8 and Order 1 Rule 13 of the Civil Procedure Rules set out procedural requirements for representative suits, non-compliance at this stage is not fatal, especially where written authority from the represented persons is on record. The court emphasized that procedural technicalities should not override substantive justice, particularly under Article 159 of the Constitution. The question of whether the land is government land and subject to adverse possession is an evidentiary issue to be determined at trial, not at the preliminary objection stage. Conseque…

Source excerpt

• Representative Suits
• Order 1 Rule 8
• Order 1 Rule 13
• Adverse Possession
• Procedural Technicalities

People Like Us CBO v Kimaru & 4 others

People Like Us CBO v Kimaru & 4 others [2022] KEELC 3229 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 016 of 2021

Judge

PM Njoroge

The court dismissed a preliminary objection challenging a CBO suit under Order 1 Rule 13 and Order 1 Rule 8(1), finding the issues were not pure points of law.

• Preliminary Objection
• Representative Suits
• Order 1 Rule 13
• Order 1 Rule 8
• Striking Out Suits
• Right To Be Heard

Isiolo Vision of Hope Your Development Programmes CBD (suing thro’ Hussein Halkano (Chairman) Abdi Yusuf (Secretary) & Abdi Dadacha (Treasurer) v Bishar Musa, Physical Planner, Land Registrar Isiolo County & Attorney General

Isiolo Vision of Hope Your Development Programmes CBD (suing thro’ Hussein Halkano (Chairman) Abdi Yusuf (Secretary) & Abdi Dadacha (Treasurer) v Bishar Musa, Physical Planner, Land Registrar Isiolo County & Attorney General [2022] KEELC 899 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E001 of 2021

The Environment and Land Court at Isiolo dismissed a preliminary objection challenging authority in a representative suit, holding it raised factual issues and was not a pure point of law.

• Representative Suits
• Preliminary Objection
• Unincorporated Bodies
• Order 1 Rule 8
• Order 1 Rule 13
• Preliminary-objection

James Yulu & 2 others v Samson Nzuki & 2 others

James Yulu & 2 others v Samson Nzuki & 2 others [2020] KEELC 2962 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 192 of 2018

The court held that leave was unnecessary for a representative suit where the persons represented were specifically named and had given written authority.

• Representative Suits
• Order 1 Rule 8
• Church Property Disputes
• Authority To Sue
• Representative-suits
• Order-1-rule-8

Kenya Bankers Association v Rose Florence Wanjiru,Standard Chartered Bank Kenya Limited & Central Bank Of Kenya

Kenya Bankers Association v Rose Florence Wanjiru,Standard Chartered Bank Kenya Limited & Central Bank Of Kenya [2015] KESC 1 (KLR)

Court

Supreme Court

Case number

Motion 44 of 2014

Judge

NS Ndungu

The Supreme Court declined to certify an intended appeal on representative suits and Order 1 Rule 8, holding the issues were settled and not of general public importance.

• Representative Suits
• Order 1 Rule 8
• Leave To Institute Suit
• Public Interest Litigation
• Representative-suits
• Order-1-rule-8

Kenya Bankers Association v Rose Florence Wanjiru, Standard Chartered Bank Kenya Limited & Central Bank of Kenya

Kenya Bankers Association v Rose Florence Wanjiru, Standard Chartered Bank Kenya Limited & Central Bank of Kenya [2014] KECA 247 (KLR)

Court

Court of Appeal

Case number

Civil Application 21 of 2013

Judges

PM Mwilu, SP Ouko, GK Oenga

The Court of Appeal dismissed an application for certification to the Supreme Court, holding that the representative-suit issue under Order 1 Rule 8 was not a matter of general public importance.

• Representative Suits
• Order 1 Rule 8
• Class Actions
• Leave Of Court
• Banking Fees Disputes
• Representative-suits

Fred K. Sabai, Richard Kipsoi, Daniel Kapkara, Daniel Chemaket & Eliud Sichei v District Land Adjudication Settlement Officer, Trans Nzoia, Attorney General, Peter Chemaswet, Nathan Jindet Ndiwa & James Boiyo Bello

Fred K. Sabai, Richard Kipsoi, Daniel Kapkara, Daniel Chemaket & Eliud Sichei v District Land Adjudication Settlement Officer, Trans Nzoia, Attorney General, Peter Chemaswet, Nathan Jindet Ndiwa & James Boiyo Bello [2014] KEHC 2542 (KLR)

Court

High Court

Case number

Civil Suit 107 of 2012

The court found that the provisions of Order 1 Rule 8 (1) and (2) and Rule 13 of the Civil Procedure Rules are only applicable where one or more plaintiffs are suing on behalf of numerous others. In the present case, all five plaintiffs had instituted the suit in their individual capacities and were not representing any other persons. Therefore, the requirements for written authority and compliance with representative suit procedures did not arise. The case cited by the applicants was distinguished as it involved a representative suit, which was not the situation here. Consequently, the preli…

Source excerpt

• Preliminary Objection
• Representative Suits
• Order 1 Rule 8
• Order 1 Rule 13
• Abuse Of Process

IHITHE RURAL ELECTRIFICATION v DUNCAN KIMAMO NGUGI & 2 others

IHITHE RURAL ELECTRIFICATION v DUNCAN KIMAMO NGUGI & 2 others [2013] KEHC 3157 (KLR)

Court

High Court

Case number

Civil Appeal 106 of 2009

The High Court allowed an appeal against dismissal of a representative suit, holding the proper course was to direct notice to interested parties and that the objection was res judicata.

• Representative Suits
• Preliminary Objection
• Res Judicata
• Authority To Sue
• Order 1 Rule 8
• Dismissal Of Suit

GLADYS MAINGO & 5 others v JUNE SEVENTEENTH ENTERPRISES LTD & 14 others

GLADYS MAINGO & 5 others v JUNE SEVENTEENTH ENTERPRISES LTD & 14 others [2011] KEHC 1655 (KLR)

Court

High Court

Case number

Civil Suit 28 of 2011

Judge

CN Mugo

The High Court held that a plaintiff need not obtain leave to file a representative suit, and dismissed a preliminary objection for non-compliance with Order 1 Rule 8.

• Representative Actions
• Preliminary Objection
• Order 1 Rule 8
• Procedural Requirements
• Notice To Parties
• Representative-actions

CHARLES ZABLON MWANIKI v JACOB NEYOLE, PHOEBE KARANI, GLADYS KAMSA, DAVID KIFUDE & PEREZ OLINDO (All sued as officials of Friends Church of Kenya (Quakers)

CHARLES ZABLON MWANIKI v JACOB NEYOLE, PHOEBE KARANI, GLADYS KAMSA, DAVID KIFUDE & PEREZ OLINDO (All sued as officials of Friends Church of Kenya (Quakers) [2011] KEHC 1308 (KLR)

Court

High Court

Case number

Environment & Land Case 551 of 2008

Judge

A Mbogholi-Msagha

The High Court dismissed a preliminary objection that the suit was incompetent for failure to comply with Order 1 Rule 8, holding the rule did not apply to named defendants sued in their official capacity.

• Representative Suits
• Order 1 Rule 8
• Preliminary Objection
• Illegal Structures
• Quiet Enjoyment
• Preliminary-objection