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ELCPartially AllowedNot stated in the judgment (Plaint dated 14th November 2024; Notice of Motion dated 13th February 2025)· [2025] KEELC 3277 (KLR)

Lekupe & 2 others v County Government of Marsabit & 5 others; Lentilal & 6 others (Proposed Interested Parties) (Environment & Land Case E003 of 2024) [2025] KEELC 3277 (KLR)

Environment and Land Court
4 April 2025
4,271 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out a community land suit because the community was not registered under the Community Land Act — registration is a must before suing.

What this practically means

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Executive summary

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By a Notice of Motion dated 13th February 2025, the 1st Defendant sought striking out of the Plaintiffs' suit, review/setting aside of a consent order recorded on 13th December 2024, and costs. The suit had been filed by the Plaintiffs for and on behalf of South Horr Eldonyo Marra Community, challenging gazette notices issued for registration of community land without the community's involvement, allegedly in breach of Article 47 of the Constitution and the Fair Administrative Actions Act. The Plaintiffs and proposed interested parties canvassed the application by written submissions. The applicant and proposed interested parties contended the Plaintiffs lacked locus standi because the community was not registered under Sections 6 and 7 of the Community Land Act, 2016, relying on the Court of Appeal's decision in Obo and the Supreme Court's decision in Matemu. The Plaintiffs argued they were members and intermediaries of the community, that registration was pending, and that Section 7 did not apply to a breach-of-trust challenge against the County Government. The court framed two issues: locus standi and disclosure of a reasonable cause of action. It held that Section 7(1) mandatorily requires registration of a community claiming rights over community land; the Plaintiffs had conceded non-registration; hence they lacked locus standi to represent a legally non-existent entity. It further held that only a registered community is a legal entity capable of staking a claim, so the Plaintiffs disclosed no reasonable cause of action. The application was allowed, the Plaint dated 14th November 2024 was struck out, and costs of the suit and application were awarded to the 1st Defendant/Applicant.

Key legal issues

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01

Whether the Plaintiffs had locus standi to sue on behalf of South Horr Eldonyo Marra Community

Holding

They had none, because the community was not registered under Section 7 of the Community Land Act, 2016 and thus is a non-existent entity in law

Reasoning

Section 7(1) of the Community Land Act mandates that a community claiming an interest in or right over community land must be registered. The Plaintiffs conceded the community was unregistered. Drawing on the Court of Appeal's decision in Obo, the court held that registration is what confers standing to claim community land. Without it, the Plaintiffs could not represent a legally unknown entity.

p. 6
02

Whether the Plaintiffs' suit disclosed a reasonable cause of action

Holding

It did not; only a registered community is a legal entity capable of staking a claim to community land

Reasoning

The court reasoned that a cause of action known to law requires a legally cognizable claimant. Since the community was unregistered and therefore unknown to law, the Plaintiffs, purporting to represent it, had no known cause of action. The claims were premature, misconceived and advanced by busybodies, meriting striking out under the D.T. Dobie caution.

Legal principles established

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  • A community claiming an interest in or right over community land must be registered under Section 7 of the Community Land Act, 2016 before it can stake a claim
  • Locus standi is a threshold issue that goes to the root of the jurisdiction of the court and should be resolved at the earliest opportunity
  • Persons cannot sue on behalf of an unregistered community, which is unknown to law

Court orders

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  1. 1.The Application dated 13th February 2025 be and is hereby allowed
  2. 2.The Plaintiffs' suit vide Plaint dated 14th November 2024 be and is hereby struck out
  3. 3.Costs of the suit and the Application be and are hereby awarded to the 1st Defendant/Applicant
Jurisdiction invoked
Original civil jurisdiction over land and community land disputes (suit challenging gazettetement of community land under the Community Land Act, 2016); exact enabling provision not stated in the judgment.

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, "Lekupe & 2 others v County Government of Marsabit & 5 others; Lentilal & 6 others (Proposed Interested Parties) (Environment & Land Case E003 of 2024) [2025] KEELC 3277 (KLR)", Case Analysis (2025). Not stated in the judgment (Plaint dated 14th November 2024; Notice of Motion dated 13th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3277/eng@2025-04-04

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