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ELCPartially AllowedPetition dated 14th March, 2017 (Machakos)· [2021] KEELC 4244 (KLR)

Hannington Kyengo Munyao & 213 others (all petitioning on their behalf and on behalf of 206 others as members of Africa Inland Church Muisuni) v Benard Nguyo & 9 others [2021] KEELC 4244 (KLR)

Environment and Land Court
19 February 2021
5,925 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~24 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed local church members control their church land, but national church leaders run the children's home on it.

What this practically means

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Executive summary

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Members of Africa Inland Church, Muisuni, in Kangundo, Machakos County, petitioned against church officials of the AIC hierarchy, alleging that the 1st Respondent, the Bishop of Machakos Area, and others unilaterally removed the manager of the AIC Kangundo Children's Home, changed its sponsors, placed beacons on, and attempted to subdivide, land parcels Kangundo/Muisuni/945 (the church site) and Kangundo/Muisuni/1009 (the children's home site), and interfered with worship. They sought injunctions, declarations that the land was set aside for church use and that church officials hold property in trust, damages and costs. The Respondents contended the land belongs to AIC Kenya whose properties are held by its Board of Trustees, that children's homes fall under the Central Church Council, and that the Petitioners had rebelled and failed to exhaust internal dispute-resolution mechanisms. The court framed one issue: who has a say in running the church and the children's home on the two parcels. It held that the applicable church constitution is the 2008 AIC Kenya constitution; that supervision and day-to-day management of the church land (parcel 945) belongs to the elected Local Church Council officials, not the Area Church Council; and that both parcels remain registered to the defunct Masaku County Council, now the County Government of Machakos, and reserved for the local church, so AIC Kenya cannot claim ownership. However, children's homes fall under the CCC, so the home on parcel 1009 must be run by the 1st Respondent and the CCC with third parties. The Petition was partially allowed with two permanent injunctions and a declaration against change of user; damages were not awarded; each party bore its own costs.

Key legal issues

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01

Governance and management of local church property under the AIC constitution

Holding

The elected LCC officials supervise and manage the land on which the local church stands; the 1st Respondent as head of the ACC cannot involve himself in day-to-day management of local church property

Reasoning

Under the 2008 AIC Kenya constitution, each LCC is responsible for supervision of local church property, while the ACC's role is limited to ensuring properties are legally acquired and properly kept. The Board of Trustees holds properties, but day-to-day management rests with the LCC elected by local members. The 1st Respondent's hierarchical position does not confer power over local church property management.

p. 7
02

Ownership and reservation of the suit land

Holding

Both parcels remain registered in favour of the defunct Masaku County Council, succeeded by the County Government of Machakos, and are reserved for the local church; the national church and its Board of Trustees cannot claim ownership

Reasoning

Official searches show the parcels registered to Masaku County Council (1977) with reservations for 'Muisuni African Inland Church' and 'African Inland Mission Residential Ground'. The Respondents cannot exercise registered-owner powers without reference to the County Government and the local church; their claim that the Board of Trustees holds the land is erroneous.

p. 7
03

Management of the children's home

Holding

Children's homes fall under the Central Church Council under the AIC constitution, so the Petitioners have no mandate to run the home; that role belongs to the 1st Respondent and the CCC

Reasoning

Article 7.11(3) of the AIC constitution vests children's homes in the CCC, which mandated ACCs to run homes and conclude sponsor agreements, as done with Kenya Kids in 2015. No evidence showed the Petitioners had resources to run such an institution. Their role is subject to the directions of the Respondents and the CCC, though the land use remains restricted.

p. 7
04

Applicable constitution of the church

Holding

The 2008 AIC Kenya constitution, not the 1981 constitution, applies, as its amendment was acknowledged by the Registrar of Societies and confirmed by prior court decisions

Reasoning

The Respondents deponed the 1981 constitution was replaced in 2008 and the Petitioners did not dispute this in subsequent pleadings and submissions. The position was supported by the judgment of Mwita J. in Silas Misoi Yego, noting the Registrar of Societies' 2008 letter approving the amendments. The Petitioners are therefore bound wholly by the 2008 constitution and its by-laws.

p. 6

Legal principles established

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  • A church functions within an organisational structure and its members and officials are bound by its internal rules and regulations
  • Land reserved by a defunct county council for a specific local church cannot be treated as owned by the national church or its Board of Trustees
  • Day-to-day supervision of local church property is a function of the elected Local Church Council, not the Area Church Council

Court orders

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  1. 1.An order of permanent injunction restraining the Respondents from alienating, demarcating, placing beacons, subdividing and in any other way interfering with land parcels Kangundo/Muisuni/945 and Kangundo/Muisuni/1009 or any buildings, developments or structures thereon
  2. 2.A permanent injunction restraining the Respondents from evicting the Petitioners or any other members of Africa Inland Church Muisuni from the two parcels or preventing them from using, occupying or carrying on activities thereon
  3. 3.A declaration that land parcels Kangundo/Muisuni/945 and Kangundo/Muisuni/1009 were set aside for purposes of church activities and no change of use thereof can proceed without approval of the members of the church and the County Government of Machakos
  4. 4.An order that the 1st Respondent and the Central Church Council (CCC) should run and manage the children's home, in corroboration with other third parties, on parcel Kangundo/Muisuni/1009
  5. 5.Each party to bear his or her own costs
Jurisdiction invoked
Articles 22, 32 and 40 of the Constitution of Kenya 2010 (enforcement of Bill of Rights; freedom of worship; property rights)

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, "Hannington Kyengo Munyao & 213 others (all petitioning on their behalf and on behalf of 206 others as members of Africa Inland Church Muisuni) v Benard Nguyo & 9 others [2021] KEELC 4244 (KLR)", Case Analysis (2021). Petition dated 14th March, 2017 (Machakos). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4244/eng@2021-02-19

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