Registered Trustees of Child Welfare Society of Kenya v Diocese of Embu Trustees, Registered & another (Environment and Land Case 10 of 2022) [2025] KEELC 5879 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that incorporated trustees can sue in their corporate name, dismissing an attempt to strike out the land suit.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff, described as the Registered Trustees of Child Welfare Society of Kenya, has locus standi to institute the suit in its corporate name
The objection lacks merit; under section 3(3) of the Trustees (Perpetual Succession) Act the incorporated trustees may sue and be sued in their corporate name
Section 3(3) of the Trustees (Perpetual Succession) Act, Cap 164 confers on incorporated trustees corporate status with perpetual succession and the power to sue and be sued in their corporate name. The court found guidance in Registered Trustees of Maximum Miracle Centre v Andrew Mlewa Mkare, which restated the same position, and concluded the plaintiff had capacity to institute the proceedings.
Legal principles established
#- Once trustees are incorporated under the Trustees (Perpetual Succession) Act, they become a body corporate by the name described in the certificate and may sue and be sued in that corporate name
Court orders
#- 1.The preliminary objection is dismissed with costs to the plaintiffs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of Child Welfare Society of Kenya v Diocese of Embu Trustees, Registered & another (Environment and Land Case 10 of 2022) [2025] KEELC 5879 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5879/eng@2025-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.