Esther Murugi Muhoi & 9 others v Jane Wanjiru Kamau & 2 others (sued in their individual capacity and on behalf of Ikinu 42 Women Maendeleo Group) [2020] KEELC 2053 (KLR)
The bottom line
#A Kenyan court confirmed members of small women's groups can sue their umbrella group's officials, but only won an accounting for one plot sold without proper approval.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs had locus standi
Yes - as members of smaller constituent groups they were members of the Ikinu 42 Women Group and had the right to be heard
The Court construed the group's Constitution and found that the 42 elected nominees form only the Committee, while membership of the umbrella group comprises the 42 registered smaller groups. DW1 herself acknowledged the Plaintiffs were disgruntled members, and unrebutted membership lists and a share receipt confirmed membership, giving them a sufficient interest to sue.
Ownership of the claimed properties
Githunguri/Gathangari T.180 belonged to Kanyore Meri na Mururi B Women Group; Kiambu/Municipality Block 11/89 belonged to Githunguri Investment Company Limited; only L.R 4953/1229 belonged to the Ikinu 42 Women Group; the Limuru plot and Ikinu building were too imprecisely described for findings
An official search showed T.180 belonged to a smaller group. No evidence linked Githunguri Investment Company to the 42 groups. Minutes of the Management Committee of 8th October 2005 showed the Ikinu 42 Group owned L.R 4953/1229. Without proper descriptions of the Limuru plot and Ikinu building, no findings could be made.
Validity of the sale of L.R 4953/1229
The sale was lawful - the General Meeting passed the resolution as required by the Constitution and the Committee merely adopted it
The Constitution vested power to resolve a sale of property in the General Meeting, which resolved on 16th October 2003 to sell; the Committee of 8th October 2005 only adopted that resolution. The property having been sold to a third party in accordance with the resolution, the members lost all interests in it.
Taking of accounts for Githunguri/Githunguri 1267 sale
The Defendants were to account for this sale because only the General Meeting could authorise it, yet DW1 admitted it was sold after a resolution of the chairladies
DW1 acknowledged the plot was sold after the chairladies resolved to sell, but the Court had already held that only the General Meeting was empowered to make such a resolution. The sale therefore being unauthorised, accounts were the appropriate remedy.
Legal principles established
#- A member of a constituent smaller group is automatically a member of the larger umbrella group and thus has locus standi to sue over the umbrella group's affairs
- A resolution to sell group property must be made by the General Meeting as provided by the group's constitution, not merely by the Committee
- Courts will not order dissolution of a group before internal constitutional mechanisms are exhausted
Court orders
#- 1.Accounts to be taken in respect of the sale by the Defendants of L.R 4953/1229 (prayer no. 5 of the Originating Summons)
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mohammed Haji Hussein & 6 others v Mandera Water and Sewerage Company Ltd & 2 others; County Commissioner, Mandera County & 2 others (Interested Parties) [2021] KEELC 4054 (KLR)[2021] KEELC 4054 (KLR)12 Mar 2021distinguished
Cite this brief
#Cite this brief
Caselaw, "Esther Murugi Muhoi & 9 others v Jane Wanjiru Kamau & 2 others (sued in their individual capacity and on behalf of Ikinu 42 Women Maendeleo Group) [2020] KEELC 2053 (KLR)", Case Analysis (2020). Originating Summons dated 7th August 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2053/eng@2020-06-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.