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Small ClaimsStruck OutNot stated in judgment· [2025] SCC 3 (KLR)

Wateriv Construction and Supplies Ltd v Sagalla International Talent Academy (Civil Case E040 of 2025) [2025] SCC 3 (KLR)

Small Claims Court
11 July 2025
FMF. M. Mulama
1,187 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This Small Claims Court decision at Voi determined a preliminary objection dated 27th June 2025 raised by the respondent on the single ground that the claim offended the mandatory provisions of section 56(8) read together with Schedule 4 of the Basic Education Act No. 14 of 2013. The objection was disposed of by written submissions. Adopting the classic Mukisa Biscuits definition, the court framed one substantive issue: whether the preliminary objection was merited. The court discerned from the objection that the real complaint was that the claimant had sued the school (an academy) rather than its Board of Management. Following the reasoning of Lenaola J in Republic vs The Secretary to the Board of Governors, Musingu High School-Kakamega, the court held that the body lawfully capable of being sued on behalf of a school is its board as a corporate entity, and that the drafters of the Basic Education Act intended Boards of Management - bodies corporate with perpetual succession - to sue or be sued under Part 1 of the Fourth Schedule. The school itself has no capacity to sue or be sued except through its Board of Management. The preliminary objection was accordingly allowed and the claim struck out, with each party bearing its own costs of the claim. Neither the claimant nor the respondent's counsel was present at delivery of the judgment. The claimant is left to pursue its claim against the properly constituted party, if so advised and within the applicable time limits.

Key legal issues

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01

Whether the preliminary objection dated 27th June 2025 is merited

Holding

The preliminary objection is merited. The claimant sued the school (the academy) instead of the Board of Management, contrary to section 56(8) read with Part 1 of the Fourth Schedule of the Basic Education Act, and the claim was struck out.

Reasoning

The court applied the Mukisa Biscuits definition of a preliminary objection as a pure point of law. Relying on the reasoning in Republic vs The Secretary to the Board of Governors, Musingu High School, the court found that Schedule 4 of the Basic Education Act intended Boards of Management, with perpetual succession, to sue or be sued. The school itself has no legal capacity to sue or be sued except through its Board of Management, so the claimant sued the wrong party and the claim was struck out.

p. 3

Legal principles established

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  • A school cannot be sued in its own name; claims must be brought against the Board of Management as the body corporate with perpetual succession
  • A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct

Court orders

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  1. 1.The preliminary objection dated 27th June 2025 is allowed and the claim stands struck out
  2. 2.Each party to bear its own costs of the claim
Jurisdiction invoked
Small Claims Court jurisdiction (claim struck out on preliminary objection under section 56(8) read with Schedule 4 of the Basic Education Act No. 14 of 2013)

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, "Wateriv Construction and Supplies Ltd v Sagalla International Talent Academy (Civil Case E040 of 2025) [2025] SCC 3 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/3/eng@2025-07-11

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