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ELCStruck OutMisc Application No E007 of 2025· [2026] KEELC 3108 (KLR)

Environmental Institute of Kenya v National Environment Management Authority (NEMA) & 2 others (Environment and Land Judicial Review Miscellaneous Application E007 of 2025) [2026] KEELC 3108 (KLR)

High Court of Kenya (Judicial Review; court not expressly named in the judgment)
21 May 2026
3,034 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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Kenya's High Court confirmed that a registered society cannot sue in its own name; such cases are a nullity and no amendment can fix them.

What this practically means

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Executive summary

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The Ex-parte Applicant, the Environment Institute of Kenya, a society registered under the Societies Act, sought leave by Chamber Summons dated 9th September 2025 to amend its substantive judicial review Notice of Motion for the sole purpose of correcting and/or substituting the parties' names, so that the proceedings could continue in the names of its authorized officials rather than in the society's own name, with the amended application deemed duly filed and costs in the cause. The 1st Respondent opposed through grounds of opposition and submissions, contending that under Section 41(1) of the Societies Act a society can only sue through its authorized officials, that the leave granted on 1st September 2025 was not given to the officials, and that the defect was fundamental and incurable by amendment, requiring fresh leave by properly disclosed office bearers. The Applicant relied on Order 53 Rule 4(2), Order 8, Section 100 of the Civil Procedure Act and Article 159(2)(d), urging that the amendment was narrow and procedural and that procedural defects in judicial review are curable. The court framed one issue: whether the plea for amendment was merited. It held that the proceedings, instituted in the name of the society, were defective for want of legal capacity; that capacity goes to competence and jurisdiction and is not a curable technicality; and that being null and void ab initio, the proceedings could not be salvaged by amendment. The Notice of Motion was found unmerited and the entire suit was struck out with costs, with leave for the officials to institute fresh proceedings.

Key legal issues

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01

Whether a defect of legal capacity in proceedings instituted by a society in its own name can be cured by amendment

Holding

No. The defect is substantive and incurable; the proceedings are null and void ab initio and the proper recourse is fresh proceedings by the duly authorized officials.

Reasoning

The court accepted the settled position that societies registered under the Societies Act cannot sue in their own names. Although Article 159(2)(d) and Sections 1A and 1B of the Civil Procedure Act require justice without undue regard to technicalities, capacity goes to competence and jurisdiction, not to procedure. A nullity cannot be amended; the officials must institute fresh proceedings. The application was therefore unmerited and the suit struck out with costs.

p. 6
02

The legal status of societies registered under the Societies Act for purposes of litigation

Holding

Societies are not legal persons capable of instituting proceedings in their own names; they must litigate through duly authorized officials.

Reasoning

Relying on Trustees Kenya Redeemed Church, African Orthodox Church of Kenya and Republic vs Registrar of Societies Ex Parte Narok Muslim Welfare Association, the court reaffirmed that registered societies and unincorporated associations lack capacity to sue or be sued in their own names, as required by Section 41(1) of the Societies Act. The Applicant's own certificate of registration confirmed its status as a registered society.

p. 6

Legal principles established

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  • Proceedings by societies registered under the Societies Act must be instituted through duly authorized officials and not in the name of the society itself.
  • Lack of legal capacity is not a curable procedural technicality but goes to the competence of the proceedings and the jurisdiction of the court.
  • Proceedings instituted by a party without legal capacity are a nullity and cannot be salvaged through amendment or substitution.

Court orders

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  1. 1.The Notice of Motion dated 9th September 2025 is found unmerited and dismissed
  2. 2.The entire judicial review proceedings are struck out with costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 100
  • Civil Procedure Rules, 2010Order 8 Rules 3 and 5; Order 53 Rule 4(2)
  • Societies Act, Chapter 108 Laws of KenyaSections 10, 41(1), 41(2)
  • Constitution of Kenya, 2010Article 159(2)(d)

Cases cited (15)

  • Republic vs Public Procurement Administrative Review Board & 2 Others ex parte Pelt Security Services Limited
    [2018] eKLR
  • Republic vs Kenya School of Law & Another Ex parte Juliet Wanjiru Njoroge & 5 Others
    [2015] eKLR
  • Central Kenya Ltd vs Trust Bank Ltd & 4 Others
    [2000] 2 EA 365
  • Eastern Bakery vs Castelino
    [1958] EA 461
  • Republic vs County Government of Kiambu Ex parte Robert Gakuru & Another
    [2016] eKLR
  • Republic vs Kenya National Examinations Council Ex parte Gathenji & Others
    [1997] eKLR
  • Nicholas Kiptoo Arap Korir Salat vs IEBC & 7 Others
    [2014] eKLR
  • Supreme Council of Kenya Muslims (SUPKEM) & another vs Registrar of Societies; Omar & 2 others (Interested Parties)
    (Judicial Review E104 of 2023) [2024] KEHC 1320 (KLR)
  • Hussein v Gedi; Adan (Interested Party)
    (Environment & Land Case E009 of 2024) [2025] KEELC 931 (KLR)
  • Julian Adoyo Ongunga & Another v Francis Kiberenge Bondeva
    [2016] KEC 4186 (KLR)
  • Elijah Kipngeno Arap Bii vs Kenya Commercial Bank Limited
    [2013] KECA 345 (KLR)
  • Joseph Ochieng & 2 others vs First National Bank of Chicago
    Civil Appeal No. 149 of 1991
  • Trustees Kenya Redeemed Church & Another vs Samuel M'Obiya & 5 Others
    [2011] eKLR
  • African Orthodox Church of Kenya vs Rev. Charles Omuroka & Another
    [2014] eKLR
  • Republic vs Registrar of Societies Ex Parte Narok Muslim Welfare Association
    [2017] eKLR
Jurisdiction invoked
Original judicial review jurisdiction under Order 53 of the Civil Procedure Rules; amendment powers under Section 100 of the Civil Procedure Act and Order 8 Rules 3 and 5 of the Civil Procedure Rules

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, "Environmental Institute of Kenya v National Environment Management Authority (NEMA) & 2 others (Environment and Land Judicial Review Miscellaneous Application E007 of 2025) [2026] KEELC 3108 (KLR)", Case Analysis (2026). Misc Application No E007 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3108/eng@2026-05-21

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