Diocese of Eldoret Trustees Registered v ACK Diocese of Kapsabet Nandi Hills Paris (Environment and Land Miscellaneous Application E001 of 2023) [2024] KEELC 5131 (KLR)
The bottom line
#The Environment and Land Court struck out a land boundary application because a church registered under the Societies Act cannot be sued in its own name—only through its trustees.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent, a church registered under the Societies Act, is a legal person capable of being sued
No. Societies registered under the Societies Act lack legal capacity to sue or be sued in their own names; they can only act through their trustees or officials in a representative capacity. The Respondent's registered trustees are the Church Commissioners of Kenya.
The court held that capacity to sue or be sued is a substantive point of law, not a curable technicality under Article 159. Relying on African Orthodox Church of Kenya v Charles Omuruka, it adopted Mwita J's holding that societies under the Societies Act are not legal entities and can only sue through trustees or officials in a representative capacity. The Respondent's trustees were the Church Commissioners of Kenya, so the application against it was misconceived.
Whether the application should be determined on the merits
No. Having found the Applicant non-suited against the Respondent, the court struck out the application without considering the merits or the remaining issues.
Because the first issue was a point of law capable of terminating the proceedings and was resolved against the Applicant, the court found it unnecessary to address jurisdiction, the existence of a boundary dispute, or the exhaustion of the statutory dispute-resolution mechanisms under the Land Registration Act and the Land Act.
Legal principles established
#- A society registered under the Societies Act is not a legal entity capable of suing or being sued in its own name; it may only sue or be sued through its trustees or officials in a representative capacity, and legal capacity to be sued is a substantive issue, not a technicality curable under Article 159 of the Constitution.
Court orders
#- 1.The Applicant's application dated 23/10/2023 is struck out
- 2.No orders as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over boundary disputes relating to land (sought under Section 19 of the Land Act; Respondent invoked Sections 18 of the Land Act and 79, 80, 86 and 91 of the Land Registration Act)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Zuma & 46 others v Said & 4 others (Environment & Land Case E005 of 2022) [2023] KEELC 310 (KLR)[2023] KEELC 310 (KLR)26 Jan 2023
Cite this brief
#Cite this brief
Caselaw, "Diocese of Eldoret Trustees Registered v ACK Diocese of Kapsabet Nandi Hills Paris (Environment and Land Miscellaneous Application E001 of 2023) [2024] KEELC 5131 (KLR)", Case Analysis (2024). Miscellaneous Application dated 23/10/2023 (Nandi Hills). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5131/eng@2024-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.