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ELCStruck OutNot stated in the judgment (notice of motion dated 24th March, 2025 in an active suit)· [2026] KEELC 3929 (KLR)

Hi Jung Oh Children’s Home v Life Reformation Centre & 5 others (Environment and Land Case E223 of 2022) [2026] KEELC 3929 (KLR)

Environment and Land Court
29 June 2026
3,375 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The plaintiff, Hi Jung Oh Children's Home, a charitable children's institution operating on suit property Nairobi/Block 110/686 since 1999, filed a notice of motion dated 24th March, 2025 seeking to enjoin the Department of Children Services as 6th defendant, to extend prior orders of Justice Angote (27th January, 2023) and Justice M.D. Mwangi (16th October, 2023), to compel the 1st defendant and the proposed 6th defendant to vacate the suit property under Section 152E of the Land Act, and seeking mandatory and permanent injunctions, declarations, contempt sanctions and police enforcement. The application arose from a takeover of the home on 19th March, 2025 by officers of the Department of Children Services, police and the County Commissioner, Kasarani, following an inspection said to reveal violations of the Children Act. The 1st respondent opposed on capacity and merits grounds, asserting the home is being rehabilitated in the children's interest; the 3rd respondent opposed the joinder; and the 5th respondent filed a preliminary objection challenging the proposed 6th defendant's capacity to be sued. The court first addressed capacity as a preliminary point. Applying Mukisa Biscuit and locus standi authorities, it held the plaintiff is not a body corporate - the property is registered in the names of its trustees - and therefore lacks capacity to sue in its own name. Under Sections 38, 39(2) and 41 of the Children Act Cap 141, it further held that only the National Council for Children's Services, a body corporate, can sue and be sued, not the Department of Children Services. The preliminary objection was upheld, the notice of motion and the entire suit struck out, with no orders as to costs.

Key legal issues

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01

Whether the plaintiff, a charitable children's institution, has locus standi to institute the suit in its own name

Holding

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

Reasoning

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.

p. 7
02

Whether the Department of Children Services has capacity to be joined and sued as the proposed 6th defendant

Holding

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

Reasoning

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.

p. 7
03

Whether the preliminary objection dated 16th May, 2025 has merit

Holding

It is upheld in its entirety

Reasoning

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.

p. 7

Legal principles established

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  • 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

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  1. 1.The notice of preliminary objection dated 16th May, 2025 is upheld
  2. 2.The notice of motion dated 24th March, 2025 is struck out
  3. 3.The entire suit is struck out
  4. 4.No orders as to costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159; Article 40; Article 31(c); Article 47
  • Civil Procedure ActSections 1A, 1B, 3A, 100
  • Civil Procedure Rules, 2010Order 1 Rules 3, 8, 10(2) & (4); Order 8 Rules 3, 5 & 7; Order 40 Rules 1 & 3; Order 51 Rule 1
  • Environment and Land Court ActSection 13(5)
  • Land Act, 2012Section 152E
  • National Police Service Act, 2011Section 24
  • Judicature Act, Cap 8Section 5
  • Children Act, 2022Sections 7, 8, 119, 120
  • Children Act, Cap 141Section 2; Sections 38, 39(2), 41
  • Societies ActSection 10 (referred to within quoted case)

Cases cited (5)

  • Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd
    (1969) EA 696
  • Law Society of Kenya Vs Commissioner of Lands & Others
    Civil Case No. 464 of 2000
  • Alfred Njau and Others Vs City Council of Nairobi
    (1982) KAR 229
  • Peter Taracha & another v International Pentecostal Holiness Church & another
    [2016] KEHC 6482 (KLR)
  • Ematundu Kaper Richards Orphanage v Justine Mutobera & 4 others
    [2019] KEELC 1677 (KLR)
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

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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, "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.