Hi Jung Oh Children’s Home v Life Reformation Centre & 5 others (Environment and Land Case E223 of 2022) [2026] KEELC 3929 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff, a charitable children's institution, has locus standi to institute the suit in its own name
It lacks capacity; the certificate of lease shows the registered proprietors are the trustees, not the home, so the home is not a body corporate
Applying Mukisa Biscuit on preliminary objections and locus standi authorities, the court noted the plaintiff fits the definition of a charitable children's institution under Section 2 of the Children Act Cap 141, but registration as such does not confer body corporate status. Since the property is registered in the names of the trustees and no evidence of incorporation exists, the plaintiff cannot sue in its own name.
Whether the Department of Children Services has capacity to be joined and sued as the proposed 6th defendant
It does not; only the National Council for Children's Services is a body corporate with capacity to sue and be sued under the Children Act
The court examined Sections 38, 39(2) and 41 of the Children Act Cap 141. The Secretary of Children's Services has power to institute proceedings only in respect of child maintenance, neglect and abuse contraventions, while the National Council for Children's Services is established as a body corporate with perpetual succession capable of suing and being sued. The Department, as named, lacks capacity to be joined.
Whether the preliminary objection dated 16th May, 2025 has merit
It is upheld in its entirety
Capacity to sue and be sued is a pure point of law that may dispose of the suit, satisfying the Mukisa Biscuit test. Both limbs of the objection - the plaintiff's lack of capacity to sue and the proposed 6th defendant's lack of capacity to be sued - were found to have merit, warranting striking out of the motion and the entire suit.
Legal principles established
#- A charitable children's institution that is not incorporated as a body corporate lacks capacity to sue or be sued in its own name; it can only sue or be sued through its officials, members or registered trustees
- Under the Children Act (Cap 141), it is the National Council for Children's Services, established as a body corporate under Section 41, that has capacity to sue and be sued, not the Department of Children Services
Court orders
#- 1.The notice of preliminary objection dated 16th May, 2025 is upheld
- 2.The notice of motion dated 24th March, 2025 is struck out
- 3.The entire suit is struck out
- 4.No orders as to costs
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1A, 1B, 3A and 100 of the Civil Procedure Act; Order 1 Rule 10(2), Order 8 Rules 3, 5 & 7, Order 40 and Order 51 Rule 1 of the Civil Procedure Rules; Section 13(5) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hi Jung Oh Children’s Home v Life Reformation Centre & 5 others (Environment and Land Case E223 of 2022) [2026] KEELC 3929 (KLR)", Case Analysis (2026). Not stated in the judgment (notice of motion dated 24th March, 2025 in an active suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3929/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.