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)
The bottom line
#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
#Executive summary
#Key legal issues
#Governance and management of local church property under the AIC constitution
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
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.
Ownership and reservation of the suit land
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
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.
Management of the children's home
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
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.
Applicable constitution of the church
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
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.
Legal principles established
#- 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
#- 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.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.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.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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.