Kimonyi & 2 others (Suing as the Trustess of Nakuru Municipality Jua Kali Association) v Leiro & 4 others (Environment & Land Case E37 of 2021) [2024] KEELC 1028 (KLR)
The bottom line
#The Environment and Land Court in Nakuru confirmed that trustees of a Jua Kali association registered before 2012 can still sue, and dismissed the defendants' strike-out attempt with costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Plaintiffs have the locus standi to institute this suit
Key legal issues
#Whether the Plaintiffs have locus standi to institute the suit as trustees of Nakuru Municipality Jua Kali Association
They do; the association was validly registered in 1997 by the Kenya National Federation of Jua Kali Association, and the Plaintiffs were shown by letter to be the official trustees with capacity to sue and be sued
The court noted the association was registered on 3rd February 1997 under the Kenya National Federation of Jua Kali Association, long before the Micro and Small Enterprises Act 2012 created the registration regime the Defendants relied on. The Act cannot act retrospectively, so pre-2012 registrations remain valid. Letters annexed by the Plaintiffs confirmed their status as official trustees, and the presence of proper parties is akin to the exercise of the court's jurisdiction.
Legal principles established
#- Locus standi signifies a right to be heard; a person must have sufficiency of interest to sustain standing to sue in a court of law
- The Micro and Small Enterprises Act of 2012 cannot act retrospectively over associations registered before its enactment
- Proper parties must be before the court for it to have jurisdiction; proceedings before a court lacking jurisdiction are a nullity
Court orders
#- 1.The Notice of Motion dated 2nd November 2023 by the 1st and 2nd Defendants is dismissed
- 2.Costs of the application are awarded to the Plaintiffs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; the court exercised its original jurisdiction to determine a Notice of Motion dated 2nd November 2023
Relief refused
#A finding that the Plaintiffs have no locus standi to institute and sustain the suit
The court found the Plaintiffs, as official trustees of the association registered in 1997, had capacity to sue; the Micro and Small Enterprises Act 2012 does not apply retrospectively
An order that the suit be struck out with costs borne by the Plaintiffs
Application dismissed for lack of merit
Costs
Application dismissed with costs to the Plaintiffs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Locus Standi signifies a right to be heard, A person must have suficiency of interest to sustain his standing to sue in Court of Law
the term Locus Standi means a right to appear in Court and conversely to say that a person has no Locus Standi means that he has no right to appear or be heard in such and such proceedings
This means that the Act cannot act retrospectively. The firms that were registered before the coming into operation of the Micro and Small Enterprises Act of 2012 are still valid.
I find that the application lacks merit and is therefore dismissed with costs to the Plaintifis.
Issues in the judgment
#The case number and full title of the suit are not stated in the ruling; parties other than Robinson Leiro are referred to only by role
The judgment uses inconsistent spellings ('Plaintifis', 'oficial') and states the registration date as 6th February 1997 in submissions but 3rd February 1997 in the analysis
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimonyi & 2 others (Suing as the Trustess of Nakuru Municipality Jua Kali Association) v Leiro & 4 others (Environment & Land Case E37 of 2021) [2024] KEELC 1028 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1028/eng@2024-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.