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ELCDismissedNot stated in the judgment as provided· [2024] KEELC 3309 (KLR)

Keekonyokie Community Trust (Suing through its duly appointed Trustees) v Parantai & 2 others (Environment & Land Case 410 of 2017) [2024] KEELC 3309 (KLR)

Environment and Land Court
4 April 2024
6,728 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~27 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a community trust leadership fight because neither side could prove valid trustee elections, and ordered fresh elections within 90 days.

What this practically means

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Executive summary

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This first-instance suit before the Environment and Land Court at Machakos concerned a leadership dispute within the Keekonyokie Community Trust, which holds land parcel L.R No. Ngong/Ngong/12418 in trust for the community. The plaintiff, through trustees elected at a meeting of 24th October 2013 and registered by the Ministry of Lands on 4th November 2013, sought mandatory injunctions compelling the former Chairman and Vice-Chairman to surrender trust documents (including the original title deed) and vacate office, and a permanent injunction against dealing with the suit land. The 1st and 2nd Defendants countered that their removal was unprocedural, relying on a rival AGM of 10th October 2013 attended by 1133 members. The 3rd Defendant (Land Registrar) confirmed registering the plaintiff's change of trustees. The court framed four issues, centring on the identity of valid trustees. It applied the Declaration of Trust, which required removal and appointment of trustees by a majority of community members, and interpreted 'majority' as more than half of the membership. Finding both elections flawed - unsigned attendance lists with missing ID numbers for the plaintiff, and repeated names in the 1st Defendant's list - the court held neither faction proved valid elections, that the 3rd Defendant registered the change unprocedurally on a misrepresentation, and that the 1st Defendant's meeting of 3rd August 2018 was void for breaching subsisting court orders. The suit was dismissed with no order as to costs, and the Trust directed to hold fresh trustee elections within ninety days.

Key legal issues

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01

Identity of the valid trustees of the Keekonyokie Community Trust

Holding

Neither faction proved valid election; both the 10th and 24th October 2013 elections failed to comply with the Declaration of Trust

Reasoning

The Declaration of Trust required removal and appointment of trustees by a majority of community members. Neither party produced a register of members, and the attendance lists were flawed - the plaintiff's list was unsigned with missing ID numbers, while the 1st Defendant's list had repeated names. Neither side produced media advertisements or notices calling the meetings. The court held the burden lay on the plaintiff's trustees, who did not discharge it.

p. 11
02

Validity of the 3rd Defendant's registration of the change of trustees

Holding

The 3rd Defendant acted unprocedurally and on misrepresentation in registering the new trustees

Reasoning

The Land Registrar registered the change on 4th November 2013 despite acknowledging that the original Certificate of Incorporation was missing, yet rejected the 1st Defendant's application on that very basis. The court found the Ministry misplacing the certificate while still registering the plaintiff's trustees was inconsistent and the registration was therefore unprocedural.

p. 11
03

Validity of the AGM held on 3rd August 2018 during pendency of the suit

Holding

The meeting was void ab initio as it breached subsisting court orders barring dealings with the suit land

Reasoning

DW1 confirmed minutes referred to a meeting of 3rd August 2018 yet a court order barred any dealings on the suit land. The 1st Defendant admitted attending the meeting and claimed ignorance of the orders. The court held the meeting inconsequential because it contravened the orders in place.

p. 11
04

Whether the 1st Defendant should be denied audience for contempt

Holding

Right to be heard is a constitutional right; audience cannot be denied even where contempt is alleged

Reasoning

Both the plaintiff and the 3rd Defendant argued the 1st Defendant should have no audience having failed to purge contempt. The court held that because the very dispute concerned the identity of valid trustees, and the right to be heard is constitutional, the 1st Defendant could not be denied audience.

p. 8

Legal principles established

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  • A Trust is governed by its constitution/trust deed as defined under the Trustees (Perpetual Succession) Act
  • There can only be one valid board of trustees of a Trust at any particular time
  • A majority means more than half of the total membership where the trust deed does not define it

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.No order as to costs
  3. 3.The Keekonyokie Community Trust to hold fresh elections of the trustees within Ninety (90) days from the date of the judgment

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 2(1), 40, 50, 60(1), 63(2)(d), 63(3)
  • Environment and Land Court ActNot specified
  • Trustees (Perpetual Succession) Act (Cap 164)Section 2
  • Registration of Documents ActCap 285
  • Land Registration ActNot specified
  • Trustee ActSection 37

Cases cited (19)

  • David Kipsang Kipyego v Registrar of Documents & Others; Erick Kiptum Teimuge (Interested Parties)
    (2019) eKLR
  • Nduva & 3 Others v John Ndar & 3 Others
    (2023) KEHC 3185 (KLR)
  • Econet Wireless Kenya Ltd v Minister for Information & Communication of Kenya & Another
    (2005) KLR 828
  • Pablo D. Palma v Eduardo Reyes Cristobel
    G. R No. L – 49219 (1946)
  • Hodgkinson v Simms
    (1944) 3 SCR 377
  • Stephens & 6 Others v Stephens & Another
    (1987) eKLR
  • Habiba Mohamed Al-Amin & 2 Others v Standard Chartered Kenya Ltd & Others
    (2020) eKLR
  • Symon Philip Koech v Litein Tea Factory & 5 others
    (2014) eKLR
  • East African Portland Cement Ltd v Capital Markets Authority & 4 Others
    (2014) eKLR
  • Dull Chand v Mahabir Pershad Trilok Chand
    AIR 1984 Delhi 144, 25 (1984)
  • Independent Electoral & Boundaries Commission & Another v Stephen Mutinda Mule & 3 Others
    (2014) eKLR
  • Joseph Mbuta Nziu v Kenya Orient Insurance Company Ltd
    (2015) eKLR
  • Republic v Minister for Transport & Communication & 5 Others Ex parte Waa Ship Garbage Collectors & 15 Others
    (2006) 1 KLR (E & L) 563
  • Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 Others
    Civil Appeal No.25 of 2002 (2009) eKLR 229
  • Stephen Somek Takwenyi & Another v David Mbuthia Githare & 2 Others
    Nairobi (Milimani) HCCC No. 363 of 2009
  • Trust Bank Limited vs Shanzu Villas Limited & 3 Others
    (2004) 2 KLR 299
  • Carol Construction Engineers Ltd v Naomi Chepkorir Langat
    (2016) eKLR
  • David Kiptum Korir v Kenya Commercial Bank & Another
    (2021) eKLR
  • Republic v Rosemary Wairimu Munene (Ex parte Applicant) v Ihururu Diary Farmers Co-operative Society Ltd
    Judicial Review Application No. 6 of 2004
Jurisdiction invoked
Articles 2(1), 40, 50, 60(1), 63(2)(d) and 63(3) of the Constitution invoked in the Plaint; first-instance suit before the Environment and Land Court

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, "Keekonyokie Community Trust (Suing through its duly appointed Trustees) v Parantai & 2 others (Environment & Land Case 410 of 2017) [2024] KEELC 3309 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3309/eng@2024-04-04

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