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)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Plaintiffs had locus standi to sue on behalf of South Horr Eldonyo Marra Community
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
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.
Whether the Plaintiffs' suit disclosed a reasonable cause of action
It did not; only a registered community is a legal entity capable of staking a claim to community land
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
#- 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
#- 1.The Application dated 13th February 2025 be and is hereby allowed
- 2.The Plaintiffs' suit vide Plaint dated 14th November 2024 be and is hereby struck out
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.