Kenya Case Law

Sergoit Polo Club v Tambach/Moiben TTC & 4 others

Sergoit Polo Club v Tambach/Moiben TTC & 4 others [2025] KELAT 167 (KLR)

Court

Land Acquisition Tribunal

Case number

Tribunal Case E060 of 2024

Judges

NM Orina, G Supeyo

The Tribunal held that the Plaintiff, being a society registered under the Societies Act, lacks legal capacity to sue in its own name and must do so through its officials. This defect is fatal and renders the suit incompetent, regardless of its merits or the arguments on limitation. While the Tribunal found that the question of limitation could not be conclusively determined at the preliminary stage, and that constitutional claims are not subject to statutory limitation periods, the lack of locus standi was dispositive. Consequently, the suit was struck out for want of legal standing, with no…

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• Locus Standi
• Capacity To Sue
• Limitation Of Actions
• Compulsory Acquisition
• Constitutional Rights
• Unincorporated Associations

Republic v Registrar of Societies & another; Kenya International Freight & Warehousing Association (Nairobi Branch) (Exparte)

Republic v Registrar of Societies & another; Kenya International Freight & Warehousing Association (Nairobi Branch) (Exparte) [2025] KEHC 4789 (KLR)

Court

High Court

Case number

Judicial Review Application E032 of 2024

Judge

RE Aburili

A society registered under the Societies Act, being an unincorporated body, lacks the legal capacity to institute judicial review proceedings in its own name when the claim is for its own benefit or the commercial benefit of its members, as opposed to being brought in the public interest or claiming a direct violation of the Bill of Rights or the Constitution in a manner that is not for their own gain. Such a society can only sue and be sued through its registered officials.

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• Locus Standi
• Unincorporated Associations
• Judicial Review
• Capacity To Sue
• Constitutional Rights Access
• Societies Act

Mudogo v County Commissioner Kakamega County & 2 others

Mudogo v County Commissioner Kakamega County & 2 others [2025] KEELC 566 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E013 of 2023

Judge

DO Ohungo

A suit filed relating to a deceased's estate by a person who has not obtained a grant of letters of administration is a nullity for lack of locus standi.

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• Locus Standi
• Letters Of Administration
• Capacity To Sue
• Unincorporated Associations

Njeru Nyaga & Company Advocates v Thome V Residents Welfare Association

Njeru Nyaga & Company Advocates v Thome V Residents Welfare Association [2025] KEELC 3558 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E039 of 2021

Judge

JG Kemei

The court found that the preliminary objection raised by the officials of the respondent society did not meet the threshold of a pure point of law, as its determination required examination of the society's constitutive documents and factual inquiry into the officials' obligations and the society's assets. The court held that such factual analysis is outside the scope of a preliminary objection, which must be based solely on points of law assumed to be true as pleaded. Consequently, the objection was deemed incompetent and struck out with costs to the applicant. The court reaffirmed that liab…

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• Advocate Client Costs
• Execution Of Decree
• Liability Of Officials
• Preliminary Objection
• Unincorporated Associations

Ndengwa v Dandora Juakali Association

Ndengwa v Dandora Juakali Association [2023] KEELC 20641 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 89 of 2013

Judge

JO Mboya

The court found that the Plaintiff's suit was fatally defective as it was instituted against an unincorporated association, which is not a legal entity capable of being sued in its own name. The Plaintiff failed to demonstrate that the Defendant was a body corporate or otherwise vested with legal capacity. The law requires that such associations be sued through their named officials or trustees, which was not done. Furthermore, the Plaintiff's evidence was inconsistent and contradictory, particularly as two witnesses claimed ownership of the same plots, undermining the Plaintiff's case. Even…

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• Capacity To Sue
• Unincorporated Associations
• Ownership Of Land
• Formal Proof
• Contradictory Evidence

Muthama & 8 others v Ngugi & 5 others

Muthama & 8 others v Ngugi & 5 others [2023] KEELC 20316 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 1042 of 2012

Judge

SO Okong'o

The court held that members of an unincorporated self-help group were personally liable for land sale contracts made in the group’s name, and awarded refund and liquidated damages.

• Unincorporated Associations
• Breach Of Contract
• Liquidated Damages
• Fraudulent Misrepresentation
• Specific Performance
• Joinder Of Parties

Mitikenda Residents Association v Njuguna & 3 others

Mitikenda Residents Association v Njuguna & 3 others [2023] KEELC 20221 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 624 of 2017

Judge

BM Eboso

The Environment and Land Court struck out a residents association suit over a disputed development, holding that the society lacked locus standi to sue in its own name.

• Locus Standi
• Environmental Impact Assessment
• Building Approvals
• Zoning Regulations
• Unincorporated Associations
• Regulatory Compliance

Evangelical Church of Christ In Africa (E.C.C.A-Hera Maradier) (Suing through the Chairman, Secretary & Treasurer) v Church of Christ In Africa C.C.A-Kwogo Church; Marimo (Interested Party)

Evangelical Church of Christ In Africa (E.C.C.A-Hera Maradier) (Suing through the Chairman, Secretary & Treasurer) v Church of Christ In Africa C.C.A-Kwogo Church; Marimo (Interested Party) [2022] KEELC 15253 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E018 of 2022

Judge

AY Koross

The Environment and Land Court at Siaya struck out a church land dispute for lack of capacity, holding the societies had sued without naming their officials.

• Capacity To Sue
• Injunctive Relief
• Unincorporated Associations
• Church Property Disputes
• Capacity-to-sue
• Injunctive-relief

Naphas Mmenya t/a Muamala Enterprises v Kibisu & 2 others (Sued on their own behalf and on behalf of Ministry of Works Sports Club)

Naphas Mmenya t/a Muamala Enterprises v Kibisu & 2 others (Sued on their own behalf and on behalf of Ministry of Works Sports Club) [2022] KEHC 15256 (KLR)

Court

High Court

Case number

Civil Appeal E002 of 2021

Judge

JK Sergon

The High Court dismissed an appeal over a contract claim, holding the wrong parties had been sued and that failure to join the Attorney General was fatal.

• Capacity To Sue
• Joinder Of Parties
• Unincorporated Associations
• Government Proceedings
• Statutory Notice
• Costs Award

Owiyo v Chartered Institute of Marketing Members Group Kenya & another

Owiyo v Chartered Institute of Marketing Members Group Kenya & another [2022] KEELRC 3944 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E296 of 2021

Judge

JK Gakeri

The court found that while the Chartered Institute of Marketing Kenya Branch, as an unincorporated association, cannot sue or be sued in its own name, it can only be sued through its officials. However, the claimant failed to demonstrate that the named respondents were the current officials of the association at the material time, and as such, the suit as framed was against the respondents in their personal capacities, which is improper. Despite this, the court held that striking out the suit at this stage would be too drastic and allowed the claimant an opportunity to amend the pleadings to…

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• Unfair Termination
• Unincorporated Associations
• Proper Parties
• Employment Relationship
• Striking Out Pleadings