Gideon Kyengo & 3 others v Ngei Matibo & 3 others [2022] KEELC 1062 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to interfere in a residents' association's internal management, ruling that disputes among association members belong with members or the Registrar of Societies.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
Applicants failed to establish a prima facie case with probability of success
Applying Giella v Cassman Brown and Nguruman v Jan Bonde Nielsen, the court found no clear and unmistakable right threatened. The Respondents' decisions on the gate, court system and service charge were not shown to breach the Association's Constitution or exceed their mandate. Members give officials the mandate to run a society's affairs and may reverse decisions or remove officials.
Court's role in internal society disputes
The court will not interfere in the management of a registered society absent breaches of law or its constitution
The dispute concerned the running and management of the Association, registered under the Societies Act. The court held members themselves can reverse decisions of officials or remove them, some disputes may go to the Registrar of Societies, and questions such as the number of gates or level of service charge are not justiciable before the court.
Timing of orders for accounts, auditors and mediation
Such orders cannot issue at the interlocutory stage; mediation reference is decided after close of pleadings
The court doubted its jurisdiction to compel audited accounts and appointment of auditors, and held that in any event such substantive relief cannot be granted interlocutorily. Reference to mediation requires appreciation of the issues, possible only after pleadings close.
Legal principles established
#- It is not the business of the court to interfere with the management of societies; internal disputes should be resolved by members or escalated to the Registrar of Societies, and courts intervene only on breaches of the law or the association's constitution
- An applicant for a temporary injunction must establish a prima facie case with probability of success, irreparable injury not compensable by damages, and if in doubt, the court decides on a balance of convenience
Court orders
#- 1.The Notice of Motion application dated 8th December 2020 is dismissed
- 2.Costs of the application to the Respondents
- Jurisdiction invoked
- Jurisdiction of the Environment and Land Court over disputes arising from use and occupation of land, contested by the Respondents
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gideon Kyengo & 3 others v Ngei Matibo & 3 others [2022] KEELC 1062 (KLR)", Case Analysis (2022). Notice of Motion application dated 8th December 2020 (Milimani Commercial Court CMCC No. E1609 of 2020 referenced as related suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1062/eng@2022-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.