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ELCDismissedELC Petition No. 16 of 2018· [2021] KEELC 2578 (KLR)

Nicholas Njuguna Karanja (As a member of and in the interest of a group of persons gong by the name Creyentes Praise Centre formerly Believers Praise and Worship Centre) v Fredrick Ngugi Mwangi & 3 others; Kepha Omae, Stephen Kanyia & Nelson Ngutu Being Sued as Chairman , General Secretary and Treasurer of Redeemed Gospel Church INC (Interested Party) [2021] KEELC 2578 (KLR)

Environment and Land Court
15 July 2021
3,414 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Environment and Land Court dismissed a church land ownership claim because the petitioner could not prove his group had any rights over the property.

What this practically means

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Executive summary

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The Petitioner, sued as a member of and in the interest of a group known as Creyentes Praise Centre (formerly Believers Praise and Worship Centre), petitioned the Environment and Land Court at Thika seeking declarations that land parcel Tigoni/Tigoni/Block 1/403 belongs to the group, a declaration that the 1st Respondent who defected to the Interested Party (Redeemed Gospel Church Inc) has no stake in it, rectification of the register, a permanent injunction, and aggravated, general and exemplary damages for infringement of rights to property, freedom of conscience, religion, belief and opinion, and freedom of association arising from a Chief's order barring the group from the property. The 1st Respondent and witnesses for the defence asserted that the property was purchased with contributions from over a hundred members of Redeemed Gospel Church – Kawaida, that the Petitioner and the 1st Respondent held title in trust for that church, and that the Petitioner was refunded his contribution. The Court framed three issues: rightful ownership, merits of the Petition, and costs. It held that under Articles 22 and 258 the Petitioner required no written authorization to sue on behalf of a group. On ownership, it found that Believers Praise Worship Centre Kawaida and Redeemed Gospel Church Believers Praise and Worship Centre Kawaida were one and the same, that no nexus was proved between that body and Creyentes Praise Centre, and that the Interested Party is the rightful owner. The Chief's limitation of the Petitioner's rights was held reasonable and justifiable under Article 24. The Petition was dismissed entirely with costs to the 1st Respondent.

Key legal issues

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01

Locus standi of the Petitioner to sue on behalf of a group without written authorization

Holding

The Petitioner, as a member of the group, required no written authorization to file the Petition.

Reasoning

Articles 22 and 258 of the Constitution permit a person acting as a member of, or in the interest of, a group or class of persons to institute proceedings claiming infringement of rights. Since the Petitioner claimed to be a member of Creyentes, no written authorization was necessary so long as the claim was relevant and reasonable.

p. 4
02

Who is the rightful owner of the suit property

Holding

The Interested Party (Redeemed Gospel Church Inc) is the rightful owner; the property is held in trust for it.

Reasoning

Both registered proprietors claimed to hold in trust. The 1st Respondent proved that acquisition of the property was funded by members of Redeemed Gospel Church Believers Praise and Worship Centre Kawaida, and that the Petitioner's 2009 membership application and the 2016 trust affidavit referred to the same organization. The Petitioner produced no evidence linking Creyentes Praise Centre to Believers Praise Centre.

p. 4
03

Whether the 2nd Respondent (Chief) violated the Petitioner's rights by barring them from the property

Holding

The Chief's limitation of the Petitioner's rights was reasonable and justifiable under Article 24 and did not violate them.

Reasoning

The Chief barred the Petitioner and his family from the church after they caused disturbance and failed to honour summons. The Court held the limited rights were not among the non-derogable rights under Article 25, and the limitation was done to avoid disturbance and protect the rights of other church members, hence reasonable and justifiable.

p. 4
04

Whether the Petition is merited

Holding

The Petition is not merited; the Petitioner failed to prove his case on a balance of probabilities.

Reasoning

Having found that Creyentes Praise Centre has no rights over the suit property and that no rights of the Petitioner's group were violated, the Petition could not succeed. The Petitioner bore the burden of proof on a balance of probabilities and failed to discharge it.

p. 5

Legal principles established

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  • No written authorization is needed for a person to file a petition claiming violation of rights under Article 22 of the Constitution.
  • He who alleges must prove; parties bear the burden of proving their allegations.
  • Rights may be limited under Article 24 where the limitation is reasonable and justifiable in an open and democratic society.
  • Costs follow the event unless special circumstances exist.

Court orders

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  1. 1.The Petition is dismissed entirely with costs to the 1st Respondent

Authorities

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Legislation

  • Constitution of Kenya 2010Article 162(2)(b)
  • Constitution of Kenya 2010Article 32
  • Constitution of Kenya 2010Article 36
  • Constitution of Kenya 2010Article 40(1)
  • Constitution of Kenya 2010Article 22
  • Constitution of Kenya 2010Article 24
  • Constitution of Kenya 2010Article 25
  • Constitution of Kenya 2010Article 258
  • Environment and Land Court Act No. 11 of 2011Sections 13(2)(a) & (b), 13(7)
  • Fair Administrative Action Act No. 4 of 2015
  • Societies Act Cap 108 Laws of Kenya
  • Civil Procedure RulesOrder 21 rule 1
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya 2010; Sections 13(2)(a) & (b) and 13(7) of the Environment and Land Court Act No. 11 of 2011

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, "Nicholas Njuguna Karanja (As a member of and in the interest of a group of persons gong by the name Creyentes Praise Centre formerly Believers Praise and Worship Centre) v Fredrick Ngugi Mwangi & 3 others; Kepha Omae, Stephen Kanyia & Nelson Ngutu Being Sued as Chairman , General Secretary and Treasurer of Redeemed Gospel Church INC (Interested Party) [2021] KEELC 2578 (KLR)", Case Analysis (2021). ELC Petition No. 16 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2578/eng@2021-07-15

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