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ELCDismissedNotice of Motion dated 13th January 2026 (suit number not stated in judgment)· [2026] KEELC 2698 (KLR)

Ongere (Suing as the 1st Elder, Seventh Day Adventist Church, Nyahururu Central) & another v Central Rift Valley Conference of Seventh Day Adventist Church & 3 others (Environment and Land Case E002 of 2026) [2026] KEELC 2698 (KLR)

Environment and Land Court of Kenya
5 May 2026
2,564 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that local SDA congregations cannot claim church land as their own because the denomination's own policies vest property in the conference.

What this practically means

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Executive summary

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The plaintiffs, members of Seventh-Day Adventist Church Nyahururu Central, filed a notice of motion dated 13th January 2026 seeking temporary injunctions restraining the defendants from entering, occupying or interfering with the suit land known as Nyahururu Municipality Block VI/552 and the church and school erected thereon, a mandatory injunction compelling removal of locks placed on the church, and an order for police enforcement. The application was supported by the affidavit of Eutycus Mutuma Muthami. The 1st-3rd defendants opposed through the affidavit of Olgar Kemuma Ondieki and that of Pastor Samuel Makori, contending that the plaintiffs lacked locus standi, that the church falls under the Conference's governance, and that under the Church Manual and Working Policy, church property is held in trust for the denomination through appropriate corporate entities. The court framed a single issue: whether the injunctive orders sought, including the mandatory injunction, were merited. Applying Giella v Cassman Brown as restated in Nguruman Limited v Jan Bonde Nielsen, the court observed that ownership of the land was not in dispute, being registered in the name of SDA Church (East Africa). The dispute concerned use and occupation, within the court's jurisdiction under Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, but the governing instruments of the church - the ECD Working Policy 2024 and the document on organizing, uniting and dissolving churches - vested property in the conference upon dissolution or expulsion, and the plaintiffs had no contrary document. The court held that no prima facie case was established and dismissed the application with costs to the 1st-3rd defendants.

Key legal issues

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01

Whether the plaintiffs established a prima facie case for temporary and mandatory injunctions

Holding

No prima facie case was established; the suit land is registered in the name of SDA Church (East Africa) and the church's governing instruments vest property in the denominational entity/conference, which the plaintiffs did not rebut

Reasoning

The court noted no controversy over ownership: the land is registered in the name of SDA Church (East Africa). The dispute concerned use and occupation, which required interrogation of the church's governing instruments. The ECD Working Policy 2024 and the document on organizing, uniting and dissolving churches provide that on dissolution or expulsion of a church, property is held in trust for the conference. The plaintiffs' claim that they acquired the land and registered it in the current owner's name would require challenging the registration; no sufficient material justified the orders sought.

p. 6
02

Jurisdiction of the Environment and Land Court over the dispute

Holding

The court has jurisdiction over use, utilization and occupation of the suit land under Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, but must interrogate the governing instruments of the church

Reasoning

The parties agreed the land is registered in the name of SDA Church (East Africa); the contention was over use, utilization and occupation. That falls within the ELC's mandate. However, because the dispute relates to a church, the court was required to examine the church's governing instruments, which the defendants had availed.

p. 5
03

Whether a mandatory injunction should issue at interlocutory stage

Holding

A mandatory injunction will not normally be granted in the absence of special circumstances; the case must be clear or the act simple and summary to remedy

Reasoning

Relying on Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited, quoting Halsbury's Laws of England, an interlocutory mandatory injunction will not normally be granted absent special circumstances, unless the case is clear and ought to be decided at once, the act is simple and summary and easily remedied, or the defendant attempts to steal a match on the plaintiff. The plaintiffs did not meet this threshold.

p. 5

Legal principles established

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  • The conditions for an interlocutory injunction are a prima facie case with probability of success, irreparable injury not compensable by damages, and, in doubt, the balance of convenience, to be surmounted sequentially
  • Church properties and assets are held in the name of an appropriate denominational corporate entity and not by individuals, trustees or local congregations, per the church's own governance instruments

Court orders

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  1. 1.The application dated 13.1.2026 is dismissed with costs to the 1st - 3rd defendants

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 40 rule 1
  • Constitution of Kenya, 2010Article 162(2)(b)
  • Environment and Land Court ActSection 13

Cases cited (6)

  • Giella v Cassman Brown
    (1973) EA 358
  • Nguruman Limited v Jan Bonde Nielsen & 2 Ors
    [2014] eKLR
  • Mrao Ltd v First American Bank of Kenya Ltd & 2 others
    [2003] eKLR
  • Kenya Commercial Finance Co. Ltd v Afraha Education Society
    [2001] vol 1 EA 86
  • Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited
    [2006] eKLR
  • Bosco Otieno Okebe & Others v Executive Secretary, CRVC & EKUC
    Nakuru CMCC Civil Suit No. E1052 of 2024
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

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, "Ongere (Suing as the 1st Elder, Seventh Day Adventist Church, Nyahururu Central) & another v Central Rift Valley Conference of Seventh Day Adventist Church & 3 others (Environment and Land Case E002 of 2026) [2026] KEELC 2698 (KLR)", Case Analysis (2026). Notice of Motion dated 13th January 2026 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2698/eng@2026-05-05

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