Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedELC Case No. E012 of 2026· [2026] KEELC 3577 (KLR)

Laibuni & 20 others v Kirima [Member County Assembly of Meru] & 4 others (Environment and Land Case E012 of 2026) [2026] KEELC 3577 (KLR)

Environment and Land Court
4 June 2026
1,916 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court struck out a county assembly from a land suit, ruling it cannot be sued in its own name without a pleaded case against it.

What this practically means

#

Executive summary

#
The 2nd Defendant, the County Assembly of Mere, moved the court by Notice of Motion dated 11.05.2026 under Order 1 Rule 10(2) and Order 2 Rule 15 of the Civil Procedure Rules, 2010, seeking its striking out from ELC Case No. E012 of 2026 for improper joinder, on grounds that it neither authorized the 1st Defendant's actions nor was vicariously liable, and that no reasonable cause of action was disclosed against it. The Plaintiffs opposed, contending that the 1st Defendant was an agent of the 2nd Defendant, which was therefore vicariously liable and a necessary party. The court framed a single issue: whether the suit raised any reasonable cause of action against the 2nd Defendant. Reviewing the plaint, the court found that no complaint or allegation was made against the 2nd Defendant in the body of the plaint; the impugned actions - meetings, public gatherings, threats of eviction, and marking of properties with 'X' - were attributed solely to the 1st and 3rd Defendants. The court held that a county assembly is a creature of the Constitution mandated only to legislate and provide oversight, does not convene public gatherings, is not a legal entity capable of being sued in its own name (suits where necessary lying against the county assembly service board), and that membership of the assembly cannot be conflated with agency. Applying the cause-of-action definitions in Kigwor Company Limited v Samedy Trading Company Limited, the court found the joinder improper and the suit against the 2nd Defendant a nullity ab initio incapable of cure by amendment. The application was allowed, the 2nd Defendant struck out, and costs of both the application and the suit awarded to it, to be agreed or taxed.

Key legal issues

#
01

Whether the suit discloses a reasonable cause of action against the 2nd Defendant

Holding

No cause of action was pleaded against the 2nd Defendant; the name was improperly joined and struck out.

Reasoning

The plaint contained no allegations against the 2nd Defendant; the impugned actions were attributed to the 1st Defendant, who is not shown to be its authorized agent. The County Assembly is mandated only to legislate and offer oversight, not to convene public gatherings or carry out development activities. Additionally, a county assembly is not a legal entity capable of being sued in its own name; suits where necessary lie against the county assembly service board.

p. 5
02

Whether the 2nd Defendant is vicariously liable for the 1st Defendant's actions

Holding

No vicarious liability; the 1st Defendant, though a member of the County Assembly, is not its authorized agent.

Reasoning

The court held that membership of the County Assembly cannot be conflated with agency. Since the 1st Defendant is not an authorized agent of the 2nd Defendant, there can be no basis for vicarious liability, and the joinder premised on that theory collapses.

p. 6
03

Whether the County Assembly of Mere is a legal entity capable of being sued

Holding

A county assembly is not a legal entity capable of being sued in its own name in ordinary civil suits.

Reasoning

The court reasoned that the 2nd Defendant is a creature of the Constitution with legislative and oversight functions only, and that suits against it, where necessary, should be brought against the county assembly service board. A suit against a non-legal entity is a nullity which no amendment can cure.

p. 6

Legal principles established

#
  • A party initiating a suit must justify the joinder of any party by pleading facts demonstrating a cause of action; joinder must not be ornamental.
  • A defendant improperly joined and against whom no cause of action is disclosed should be struck out.

Court orders

#
  1. 1.The Application dated 11.05.2026 be and is hereby allowed
  2. 2.The name of the 2nd Defendant be and is hereby struck out from the suit
  3. 3.Costs of the Application be and are hereby awarded to the 2nd Defendant
  4. 4.Costs of the Suit be and are hereby awarded to the 2nd Defendant
  5. 5.The costs in terms of clause (iii) and (iv) shall be agreed upon and in default be taxed in the conventional manner
Jurisdiction invoked
Original jurisdiction under the Environment and Land Court Act; application under Order 1 Rule 10(2) and Order 2 Rule 15 of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Laibuni & 20 others v Kirima [Member County Assembly of Meru] & 4 others (Environment and Land Case E012 of 2026) [2026] KEELC 3577 (KLR)", Case Analysis (2026). ELC Case No. E012 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3577/eng@2026-06-04

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