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ELCStruck OutELC LC 34 of 2024 (formerly ELC Case No. 34 of 2024)· [2025] KEELC 7598 (KLR)

Toronken & 5 others v Nguruman Limited & 10 others; County Government of Narok & another (Interested Parties) (Land Case E034 of 2024) [2025] KEELC 7598 (KLR)

Environment and Land Court
6 November 2025
11,442 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~46 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a 40-year-old land claim by former group ranch members, confirming that dissolved group ranch land belongs to the corporate entity, not individual members.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Narok (L. Gacheru, J.) on a Notice of Motion dated 21st January 2025 by the 1st to 7th Defendants seeking striking out of the Plaint under Order 2 rule 15 of the Civil Procedure Rules, canvassed together with a Notice of Preliminary Objection by the 8th Defendant (Registrar of Companies) challenging jurisdiction. The Plaintiffs, alleging they were founder members of the dissolved Kamorora Group Ranch, sought declarations that the 1986 transfer of land parcel Narok/Nguruman/Kamorora/1 to Nguruman Ltd created a resulting, constructive or implied trust in their favour, or alternatively that the transfer was illegal, null and void. The court found that the land, once registered in the group ranch's name, became corporate property; that the group ranch was dissolved in 1986 and the Plaintiffs' 2009 re-incorporation of it was quashed as a nullity by the Court of Appeal; and that the Plaintiffs accordingly had no locus standi and disclosed no reasonable cause of action. The court further held the suit was barred by limitation under Section 7 of the Limitation of Actions Act, was res judicata given prior determinations of ownership upholding the 1st Defendant's title, amounted to an abuse of court process, and was premature because the Plaintiffs' historical land injustice claim before the National Land Commission remained pending, contrary to the exhaustion doctrine. The suit was struck out entirely with costs to the 1st to 7th Defendants, and the Preliminary Objection was not determined as there was no longer a suit before the court.

Key legal issues

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01

Whether the Plaintiffs had locus standi to sue as former founder members of a dissolved group ranch

Holding

They had no locus standi; the land became corporate property of the group ranch, the members had no direct proprietary rights, and the re-incorporation of Kamorora Group Ranch was quashed as a nullity by the Court of Appeal

Reasoning

The court found the suit land was registered in the name of Nguruman/Kamorora Group Ranch and became corporate property distinct from its members. The group ranch was dissolved in 1986 and the 2009 re-incorporation was declared a nullity on appeal. Former members therefore cannot represent a dissolved group ranch or recover its corporate property in their individual names.

p. 36
02

Whether the suit disclosed a reasonable cause of action

Holding

No; the Plaintiffs had no registrable interest in the suit property

Reasoning

The court held that once the land was registered in the group ranch's name it became corporate property, and the Plaintiffs, as former members of a dissolved group ranch whose re-incorporation was a nullity, had no legally protectable interest and could not claim recovery of a corporate entity's property.

p. 39
03

Whether the suit was time barred

Holding

Yes; the claim for recovery of land filed over 40 years after registration in the 1st Defendant's name was barred by Section 7 of the Limitation of Actions Act, and the fraud exception did not assist them

Reasoning

The Plaintiffs knew of the 1986 registration, several suits had been filed over the property, and they never filed or joined any claim then. The alleged fraud/misrepresentation exception under Section 26 did not apply since there was delay and the Plaintiffs lacked locus standi in any event.

p. 42
04

Whether the suit was res judicata

Holding

Yes; ownership of the suit land has been determined severally by previous court decisions including the RM's court, the Court of Appeal and the High Court

Reasoning

The court found prior litigation over the registration of the suit land in favour of the 1st Defendant, including the quashing of the Land Disputes Tribunal award and the re-incorporation certificate. Bringing this suit again was re-litigating settled issues; litigants cannot evade res judicata by introducing new causes of action or parties.

p. 45
05

Whether the suit was an abuse of the court process

Holding

Yes; the Plaintiffs filed suit on behalf of a dissolved entity whose re-incorporation had been quashed, over the same land already litigated

Reasoning

The court found the filing of the suit after the nullity declaration strained limited judicial time and re-litigated a concluded matter over the same parcel and the 1st Defendant's ownership.

p. 45
06

Whether the Plaintiffs failed to exhaust available dispute resolution mechanisms

Holding

Yes; the Plaintiffs' historical land injustice claim before the National Land Commission was still pending and the suit was brought prematurely, ousting the court's jurisdiction

Reasoning

The court applied the exhaustion doctrine and Section 9 of the Fair Administrative Action Act, holding that where a dispute resolution mechanism exists outside court it must be exhausted first, and that the Plaintiffs gave no reasonable explanation for not awaiting the NLC's determination.

p. 49

Legal principles established

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  • Locus standi goes to the jurisdiction of the court; a suit by a party without capacity is incompetent and null and void
  • Land registered in the name of a group ranch is corporate property; individual members cannot claim or recover it personally after dissolution
  • Limitation goes to jurisdiction; a statute-barred claim cannot be entertained
  • Where a dispute resolution mechanism exists outside court it must be exhausted before the court's jurisdiction is invoked
  • A special procedure prescribed by the Constitution or an Act of Parliament must be strictly followed

Court orders

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  1. 1.The suit is struck out entirely
  2. 2.Costs to the 1st to 7th Defendants/Applicants
  3. 3.No determination made on the 8th Defendant's Notice of Preliminary Objection since the suit was struck out
Jurisdiction invoked
Environment and Land Court jurisdiction under the ELC Act; challenged by Defendants on grounds that the dispute is governed by the Companies Act, 2015 and historical land injustice claims lie with the National Land Commission under Article 67(2)(e) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Toronken & 5 others v Nguruman Limited & 10 others; County Government of Narok & another (Interested Parties) (Land Case E034 of 2024) [2025] KEELC 7598 (KLR)", Case Analysis (2025). ELC LC 34 of 2024 (formerly ELC Case No. 34 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7598/eng@2025-11-06

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