Mwakindo (Suing as General Overseer and National Chairman of Evangelistic Saints Assembly Ministry) v Mwambire (Sued on Behalf of Wohemi) & another (Environment and Land Miscellaneous Application E006 of 2026) (Environment and Land) [2026] KEELC 5144 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Locus standi of the Applicant to institute a representative suit on behalf of a society
The Applicant lacked locus standi; he produced no resolution or authority from ESAM authorising the suit, and a membership card and practising licence did not confer standing
Suing as General Overseer and National Chairman of ESAM, the Applicant bore the burden of proving authority. Order 1 Rule 8 requires authorisation by members for representative suits, and Section 41 of the Societies Act requires court-satisfied written appointment. No authority to plead, resolutions, or documentary mandate were produced, so capacity was not established.
Entitlement to cy-près relief
Reliefs refused; the donation agreement of 9th July 2015 was not produced, so the terms and existence of a charitable trust could not be ascertained, and the Applicant showed no legal or beneficial interest in the trust
Section 56 of the Trustees Act permits applications by trustees or persons beneficially interested. The Applicant's relationship was contractual with the 1st Respondent via lease; the nexus between the Applicant and the purported donor was not established, and without the founding instrument the court could not find a failed charitable purpose warranting cy-près application.
Costs
Costs of the summons awarded against the Applicant, the suit having been struck out
Having found no locus standi and no evidential basis for the summons, the court struck it out with costs in the summons, exercising discretion under Section 27(1) of the Civil Procedure Act as cited by the Applicant.
Legal principles established
#- Locus standi concerns the sufficiency and directness of a litigant's interest in proceedings and must be established first in litigation
- A representative suit on behalf of members requires authority or resolution authorising the litigant; a membership card does not confer standing
- The cy-près doctrine applies only where the original charitable purpose has failed and the donor manifested a general charitable intention, on an evidential foundation
Court orders
#- 1.A declaration that the Applicant has no locus standi to institute the originating summons against the respondents.
- 2.The originating summons dated 12.3.2026 is struck out with costs in the summons.
- Jurisdiction invoked
- Section 56 of the Trustee Act (CAP 167); Sections 3A, 37(1), 63(e) of the Civil Procedure Act; Order 51 Rule 1 and Order 37 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwakindo (Suing as General Overseer and National Chairman of Evangelistic Saints Assembly Ministry) v Mwambire (Sued on Behalf of Wohemi) & another (Environment and Land Miscellaneous Application E006 of 2026) (Environment and Land) [2026] KEELC 5144 (KLR)", Case Analysis (2026). Originating Summons dated 12th March 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5144/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.