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ELCDismissedNot stated in judgment (plaint filed 23rd July 2015)· [2016] KEELC 132 (KLR)

African Independent Pentecostal Church of Kenya & 2 others v African Independent Pentecostal Church of Africa & 5 others [2016] KEELC 132 (KLR)

Environment and Land Court (as constituted under the applicable land jurisdiction provisions; judgment does not name the court explicitly)
4 November 2016
BOB.N. OLAO
1,036 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan church lost its land claim because the plot was registered to the County Council and the group that allocated it had no title to give.

What this practically means

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Executive summary

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By a plaint filed on 23rd July 2015, the plaintiffs, an African Independent Pentecostal Church of Kenya (A.I.P.C.K) congregation and its official, sought a declaration that plot No. MWERUA/KABIRIRI/66 belongs to them and a permanent injunction restraining the defendants, principally the African Independent Pentecostal Church of Africa (A.I.P.C.A), from interfering with, harassing or intimidating their members. The plaintiffs claimed the plot was allocated to them by the Mutithi/Irungu na Mwangi Self Help Group and that the defendants kept demolishing their church. The defendants denied the plaintiffs' locus standi, asserted the plaintiffs were breakaway members who had left to build their own church at Kianyaga, and claimed the plot had been given to them about 40 years earlier by the then Kirinyaga County Council. Olao J found that the certificate of official search showed the suit plot registered in the names of the County Council of Kirinyaga, so neither the self-help group nor any other party could pass an interest in it to the plaintiffs. The defendants had produced a 1986 letter approving the 1st defendant's application for one acre for church construction. On the injunction, the plaintiffs' own witnesses admitted in cross-examination that the plot was given when the church was known as A.I.P.C.A, that the 1st defendant occupies and uses the house of worship, and that the plaintiffs meet at their secretary's home. The suit was dismissed with costs to the defendants.

Key legal issues

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01

Whether the plaintiffs own plot No. MWERUA/KABIRIRI/66

Holding

No; the plot is registered in the name of the County Council of Kirinyaga and the plaintiffs have no interest recognized under land law

Reasoning

The plaintiffs produced a certificate of official search showing the suit plot registered in the names of the County Council of Kirinyaga. Neither the self-help group alleged to have allocated the plot to them nor any other body had any right to pass an interest in it. Further, if the 1st defendant was allowed one acre in 1986, the plot could not have been available for allocation in 2003 when the 1st plaintiff church was registered.

p. 2
02

Whether a permanent injunction should issue against the defendants

Holding

No; the defendants have always been in possession and occupation of the house of worship on the suit plot

Reasoning

The plaintiffs' own witnesses admitted in cross-examination that the plot was given to the church when it was known as A.I.P.C.A (the 1st defendant), that the 1st defendant occupies and utilizes the house of worship, and that the 1st plaintiff did not construct any church on the land and meets at the secretary's home. There is accordingly no basis for injuncting the defendants from land and buildings they have always possessed.

p. 3

Legal principles established

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  • An interest in land can only be passed by a party who holds a recognized interest in that land; a person or body with no such interest cannot allocate the land to another

Court orders

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  1. 1.The plaintiffs' suit is dismissed
  2. 2.Costs of the suit awarded to the defendants
Jurisdiction invoked
Original civil suit by plaint; land dispute within the court's jurisdiction (no specific constitutional provision cited)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "African Independent Pentecostal Church of Kenya & 2 others v African Independent Pentecostal Church of Africa & 5 others [2016] KEELC 132 (KLR)", Case Analysis (2016). Not stated in judgment (plaint filed 23rd July 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/132/eng@2016-11-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.