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ELCDismissedLand Case No. 103 of 2007· [2017] KEELC 3441 (KLR)

Robertmukarani Simiti & 2 others v Peter Badhia & 3 others [2017] KEELC 3441 (KLR)

Environment and Land Court
8 March 2017
FNF. M. Njoroge
1,633 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that whoever pays for land registered under an organisation's name can claim a real stake in that organisation, even as a foreign missionary.

What this practically means

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Executive summary

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The three plaintiffs, officials of Hope Centre Children's Home, a community-based organization at Kiminini in Trans-Nzoia County, sued four defendants seeking a declaration that Hope Centre is the sole proprietor of two parcels of land, Kiminini/Kinyoro Block 4/Rafiki/27 and 28, and a permanent injunction restraining the defendants from entering or dealing with them. The parcels had been purchased in March 2006 for Kshs.4,035,000 from Richard Gichia Njau and registered in the name of Hope Centre. The defendants, formerly associated with Hope Centre and now running Faith Centre Children's Home, contended that the entire purchase price was raised by the 4th defendant, Dr Timothy Pierce, an American missionary, and that Pastor Simiti was attempting to grab the properties. The court found the purchase price was wholly funded by Dr Pierce, including funds wired by his mother, and that Dr Pierce was brought on board as a person with a stake in Hope Centre, not merely a donor. It found Pastor Simiti had sought to defraud foreign donors by soliciting funds to purchase the already-acquired land, and that the purported removal of Pastor Simiti as trustee was not proved to have complied with Hope Centre's governing rules. Holding the plaintiffs' suit misconceived, the court dismissed it with costs to the defendants.

Key legal issues

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01

Whether the suit properties solely belong to Hope Centre

Holding

The suit was dismissed; the court found the plaintiffs' claim that Hope Centre solely owns the properties misconceived because Dr Pierce, who solely funded the purchase, had a stake in Hope Centre and was not a mere donor

Reasoning

The court found it uncontested that Dr Pierce raised the entire purchase price, including funds wired by his mother. The parties' original intention was to work together. Pastor Simiti's conduct, including soliciting donors to repurchase the already-purchased land, caused the friction. The purported removal of Pastor Simiti as trustee was not proved to follow the governing rules, so the defendants' actions could not simply be overridden.

p. 3

Legal principles established

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  • Where a person solely raises the funds for the purchase of land registered in the name of an organization, that person may be found to have a stake in the organization rather than being a mere donor
  • Removal of a trustee must be shown to have been done in accordance with the rules governing the organization; minutes and resolutions convened by interested parties do not establish valid removal

Court orders

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  1. 1.The plaintiffs' suit is dismissed with costs to the defendants
Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes (Environment and Land Court Act)

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, "Robertmukarani Simiti & 2 others v Peter Badhia & 3 others [2017] KEELC 3441 (KLR)", Case Analysis (2017). Land Case No. 103 of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3441/eng@2017-03-08

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