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ELCDismissedELC Suit (Nakuru) – rulings on Defendant's Notice of Preliminary Objection dated 21st November 2025 (suit number not stated in judgment)· [2026] KEELC 1605 (KLR)

Chung & 2 others (Suing as Chairman, Secretary and Treasurer of Lamb Keepers Ministries) v Nguta (Environment and Land Case E092 of 2025) [2026] KEELC 1605 (KLR)

Environment and Land Court
19 March 2026
2,568 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru land court allowed a dispute over church land titles to proceed to trial, ruling it was neither a repeat case nor one the Land Registrar could fix.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determines the Defendant's Notice of Preliminary Objection dated 21st November 2025 in a suit brought by the Plaintiffs, trustees of LambKeepers Ministries, seeking a declaration that the Defendant is no longer a trustee, rectification of the registers of eleven Bahati/Kabatini parcels to remove her as co-proprietor and substitute Zeke Cheborin Kissa, execution of documents by the Deputy Registrar, and cancellation and re-issuance of titles. The Defendant objected on three grounds: that prayer (a) is res judicata having regard to Nakuru High Court Constitutional Petition No. E22 of 2022, in which her challenge to her removal as trustee was dismissed by Justice Nyaga on 1st November 2023; that prayers (b), (c) and (d) are premature for failure to exhaust remedies under Section 79 of the Land Registration Act; and that the suit is vexatious and an abuse of process. The court applied the Mukisa Biscuit definition of a preliminary objection and held the suit was not res judicata, since the petition concerned only the Defendant's removal as trustee and not the rectification of land registers sought in the plaint. On exhaustion, the court held that the rectification envisaged affects the rights of a registered owner and involves complex questions of trusteeship and ownership, outside the limited clerical scope of Section 79. The preliminary objection was dismissed with costs to the Plaintiffs; the suit proceeds to full trial.

Key legal issues

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01

Whether prayer (a) is res judicata

Holding

Not res judicata; the High Court petition concerned the defendant's removal as trustee, not the rectification of land registers sought in the plaint.

Reasoning

It was not disputed that the defendant was removed as a trustee and that her petition challenging that removal was dismissed on 1st November 2023. However, the petition was purely about the removal as trustee, whereas the present suit seeks rectification of titles to replace her with a new trustee. The prayers in the plaint were not heard and determined in Petition No. E022 of 2022, so the elements of res judicata are not met.

p. 4
02

Whether the plaintiffs were required to first exhaust remedies under Section 79 of the Land Registration Act

Holding

Section 79 does not apply because the rectification sought affects the rights of a registered owner and involves substantive trusteeship and ownership questions, not clerical or undisputed errors.

Reasoning

Section 79(1) empowers the Land Registrar to rectify the register only in formal matters, errors, mistakes or omissions not materially affecting a proprietor's interests, with consent, on resurvey, or for updating or correcting particulars. The rectification envisaged here affects the rights of a registered owner and raises complex questions of trusteeship and proprietary rights requiring hearing and determination, which fall within the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act.

p. 5
03

Nature and scope of a preliminary objection

Holding

Applying Mukisa Biscuit, a preliminary objection is a point of law pleaded or arising clearly from the pleadings which may dispose of the suit; this objection failed on its merits.

Reasoning

The court adopted the classic definition in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd and the Supreme Court's restatement in Hassan Ali Joho. Having found neither res judicata nor failure to exhaust Section 79 remedies established, the court held the objection lacked merit.

p. 4

Legal principles established

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  • A matter is not res judicata where the orders sought were not heard and determined by a competent court in the earlier suit
  • Section 79 of the Land Registration Act does not apply where rectification involves complex legal disputes, substantive ownership rights or allegations of fraud
  • Res judicata requires an adjudication that conclusively determines the rights of the parties on the matters in controversy

Court orders

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  1. 1.The Defendant's Notice of Preliminary Objection dated 21st November 2025 is dismissed
  2. 2.Costs of the preliminary objection to the Plaintiffs

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court ActSection 13
  • Land Registration ActSection 79(1)
  • Land Registration ActSection 80
  • Civil Procedure Rules (as stated in judgment; res judicata provision)Section 7
  • Societies ActSection 29

Cases cited (13)

  • Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd
    (1969) EA 696
  • Tengele v Kamau & 4 others
    [2021] KEELC 6740 (KLR)
  • Diocese of Eldoret Trustees (Registered) v Attorney General (on behalf of the PS Treasury) & Another
    [2020] eKLR
  • Geofirey Muthinja & another v Samuel Muguna Henry & 1756 others
    (2015) eKLR
  • Samuel Kipkoros Cheruipot and Philip Singei and 1 Others Vs Angata Bargoi Farmers and The Land Registrar Transmara And 1 Others
  • Omondi vs National Bank of Kenya Limited and 2 others
  • J N & 5 others v Board of Management, St. G School Nairobi & another
    [2017] eKLR
  • John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 Others
    (2015)
  • Njue Ngai v Ephantus Niiru Ngai & another
    [2016] eKLR
  • Kiro v Chief Land Registrar; Gakuo & another (Interested Parties)
    (Environment and Land Judicial Review Case E018 of 2025) [2025] KEELC 7705 (KLR)
  • Hassan Ali Joho & another Vs Suleiman Said Shabal & 2 Others
    SCK Petition No. 10 of 2013 [2014] eKLR
  • Suleiman Said Shabhal vs Independent Electoral & Boundaries Commission & 3 Others
    [2014] eKLR
  • Nakuru High Court Constitutional Petition No. E22 of 2022 (decision of Justice Nyaga)
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act 2011 (invoked by the plaintiffs' counsel)

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, "Chung & 2 others (Suing as Chairman, Secretary and Treasurer of Lamb Keepers Ministries) v Nguta (Environment and Land Case E092 of 2025) [2026] KEELC 1605 (KLR)", Case Analysis (2026). ELC Suit (Nakuru) – rulings on Defendant's Notice of Preliminary Objection dated 21st November 2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1605/eng@2026-03-19

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