Lake Region Traders Association v County Government of Kisumu (Constitutional Petition E001 of 2024) [2025] KEELC 511 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a traders' association's petition because an unregistered society cannot sue in its own name — always sue through officials or members.
What this practically means
#Executive summary
#Key legal issues
#Capacity of an unincorporated society to originate a constitutional petition in its own name
The petition commenced in the name of Lake Region Traders' Association, a society under the Societies Act, is incompetent and incurably defective; a society is not a legal person and must sue through its officials or entire membership.
The court accepted that while articles 22, 258 and 260 of the Constitution confer standing on associations, the settled judicial interpretation is that an unincorporated society must approach the court through its officials or full membership, with demonstrated consent. The letter of authority signed by the secretary authorised the legal officer only to swear the affidavit and sign the application, not to sue on behalf of members, and the list of members was unsigned. Following Kisumu Bar Owners Association and similar decisions, the preliminary objection was upheld.
Whether conservatory orders should issue to suspend implementation of the Draft Valuation Roll, 2017
Not determined on the merits; the application fell with the incompetent petition.
The applicant relied on Njuguna S. Ndungu and Obuya Bagaka to argue that public interest, irreparable harm and prospects of success supported conservatory orders suspending Gazette Notice No. 15453. The court did not reach these considerations because it upheld the preliminary objection striking out both the application and the petition, rendering the interlocutory relief moot.
Legal principles established
#- A society registered under the Societies Act, being an unincorporated body and not a legal person, may only originate litigation in the names of its officials or entire membership, not in its own name.
- Authority to sue on behalf of an association's members must expressly include authority to institute proceedings; authority to swear affidavits or sign applications is insufficient, and a list of members not signed by those listed does not demonstrate consent.
Court orders
#- 1.The preliminary objection dated 1st March 2024 is upheld
- 2.The Notice of Motion application dated 13th February 2024 is struck out
- 3.The petition of even date is struck out
- 4.No orders as to costs
- Jurisdiction invoked
- Articles 22, 23(3), 159(2)(a), (b) and (d) and 162(2)(b) of the Constitution of Kenya; sections 1, 1A, 3 & 3A of the Civil Procedure Act; Rules 21, 22 and 23 of the Environment and Land Court (Procedure) Rules; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lake Region Traders Association v County Government of Kisumu (Constitutional Petition E001 of 2024) [2025] KEELC 511 (KLR)", Case Analysis (2025). ELCLPET/E011/2024 (petition and Notice of Motion dated 13th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/511/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.