Catholic Church Mission v Abduba (Environment and Land Appeal E029 of 2025) [2026] KEELC 2915 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled a suit against a religious society registered under the Societies Act was a nullity because societies cannot be sued in their own name.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant, a society registered under the Societies Act, had legal capacity to be sued
The Appellant is an unincorporated body devoid of juristic capacity; it could only have been sued through its officials or registered trustees, and was therefore bereft of locus standi to be sued.
The judgment reasons that organizations registered under the Societies Act do not accrue corporate status and cannot sue or be sued in their own names. The constitutional exception under Articles 22 and 258 applies only to constitutional petitions, not ordinary civil suits. Counsel for the Appellant conceded the point, and counsel for the Respondent did not contest the Appellant's status. The plaint's description of the Appellant showed no body corporate.
The legal effect of proceedings and judgment against a party without locus standi
The suit, the proceedings and the consequential judgment are nullities, irredeemable by amendment, and were accordingly set aside with the suit struck out.
Relying on Deposit Protection Fund v Rosaline Njeri Macharia and the McFoy dictum, the court held that a suit against a non-legal entity is a nullity that cannot be repaired by amendment, because amendment presupposes a valid suit in being. Participation by the Appellant did not cure the defect or deem it a juristic person. Hence the trial judgment was made in a vacuum and had to be set aside.
Whether estoppel or participation could sustain the suit against the Appellant
No — participation in proceedings does not warrant treating the Appellant as a juristic body, and counsel conceded estoppel cannot negate a statutory provision.
The Respondent argued the Appellant entered appearance, filed a defence and counterclaim, and participated without protest, so it should be treated as a juristic person. The court rejected this, holding that conduct cannot confer legal capacity. The Respondent's counsel conceded that estoppel does not operate to defeat a statutory provision. No Order 1 Rule 10 application for substitution had been made.
Legal principles established
#- A society registered under the Societies Act, Cap 108 is not a body corporate and cannot sue or be sued in its own name in ordinary civil proceedings; it may only sue or be sued through its registered officials or registered trustees.
- A suit commenced by or against a non-legal entity is a nullity, and being a nullity it cannot be cured by amendment.
- An act that is void is incurably bad and every proceeding founded on it collapses.
- Locus standi and cause of action are distinct concepts.
- Participation in proceedings does not convert an unincorporated body into a juristic person.
Court orders
#- 1.The Appeal be and is hereby allowed
- 2.The suit vide Marsabit CMELC Number E003 of 2023 be and is hereby declared a nullity
- 3.The Proceedings and the resultant Judgment are equally declared nullities
- 4.The Judgment delivered on the 07.11.2025 and the resultant decree arising therefrom be and are hereby set aside
- 5.The suit in the Lower court, namely Marsabit CMELC Number E003 of 2023, be and is hereby struck out
- 6.Each party shall bear own costs of the suit in the lower court
- 7.Each party shall bear costs of the subject Appeal
- 8.Parties are at liberty to file appropriate proceedings, if so advised, subject to the provisions of the relevant/applicable law
- On appeal from
- Chief Magistrate's Court, Marsabit (Marsabit CMELC Number E003 of 2023)
- Marsabit CMELC Number E003 of 2023
- Jurisdiction invoked
- First appeal under Order 42 Rule 13 of the Civil Procedure Rules, 2010 (trial court was the magistrates' court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Catholic Church Mission v Abduba (Environment and Land Appeal E029 of 2025) [2026] KEELC 2915 (KLR)", Case Analysis (2026). Marsabit Environment and Land Court Appeal (Memorandum of Appeal dated 06.11.2025) from Marsabit CMELC Number E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2915/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.