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ELCDismissedNot stated in the judgment· [2024] KEELC 1028 (KLR)

Kimonyi & 2 others (Suing as the Trustess of Nakuru Municipality Jua Kali Association) v Leiro & 4 others (Environment & Land Case E37 of 2021) [2024] KEELC 1028 (KLR)

Environment and Land Court of Kenya at Nakuru
28 February 2024
MOM. A. Odeny
1,340 words in judgment
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The bottom line

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The Environment and Land Court in Nakuru confirmed that trustees of a Jua Kali association registered before 2012 can still sue, and dismissed the defendants' strike-out attempt with costs.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nakuru (M. A. Odeny, J) determined a Notice of Motion dated 2nd November 2023 by the 1st and 2nd Defendants seeking a declaration that the Plaintiffs had no locus standi to institute and sustain the suit, and that the suit be struck out with costs borne by Muthini Kimonyi, Assumpta Wangui Muiruri and John Mwangi Kiguta. The Defendants, through the affidavit of Robinson Leiro, contended that the Plaintiffs were neither officials nor trustees of Nakuru Municipality Jua Kali Association, and that the only body mandated to register Jua Kali Associations is the Micro and Small Enterprises Authority established under the Micro and Small Enterprises Act of 2012, whose Registrar had confirmed the association was not registered with the Authority. The Plaintiffs countered that the association was registered in 1997 under the Kenya National Federation of Jua Kali Association, long before the 2012 Act, and annexed a registration certificate dated 6th February 1997 and a letter of 16th April 2021 confirming the three Plaintiffs as official trustees. Framing the sole issue as whether the Plaintiffs had locus standi, the court applied the Law Society of Kenya and Alfred Njau definitions of locus standi and the proper-parties principle in Apex Finance International Ltd v KACC. It held the 2012 Act cannot act retrospectively, so pre-2012 registrations remain valid, and found the Plaintiffs to be recognized official trustees with capacity to sue. The application was dismissed with costs to the Plaintiffs.

Key legal issues

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01

Whether the Plaintiffs have locus standi to institute the suit as trustees of Nakuru Municipality Jua Kali Association

Holding

They do; the association was validly registered in 1997 by the Kenya National Federation of Jua Kali Association, and the Plaintiffs were shown by letter to be the official trustees with capacity to sue and be sued

Reasoning

The court noted the association was registered on 3rd February 1997 under the Kenya National Federation of Jua Kali Association, long before the Micro and Small Enterprises Act 2012 created the registration regime the Defendants relied on. The Act cannot act retrospectively, so pre-2012 registrations remain valid. Letters annexed by the Plaintiffs confirmed their status as official trustees, and the presence of proper parties is akin to the exercise of the court's jurisdiction.

p. 3

Legal principles established

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  • Locus standi signifies a right to be heard; a person must have sufficiency of interest to sustain standing to sue in a court of law
  • The Micro and Small Enterprises Act of 2012 cannot act retrospectively over associations registered before its enactment
  • Proper parties must be before the court for it to have jurisdiction; proceedings before a court lacking jurisdiction are a nullity

Court orders

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  1. 1.The Notice of Motion dated 2nd November 2023 by the 1st and 2nd Defendants is dismissed
  2. 2.Costs of the application are awarded to the Plaintiffs
Jurisdiction invoked
Not expressly stated; the court exercised its original jurisdiction to determine a Notice of Motion dated 2nd November 2023

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, "Kimonyi & 2 others (Suing as the Trustess of Nakuru Municipality Jua Kali Association) v Leiro & 4 others (Environment & Land Case E37 of 2021) [2024] KEELC 1028 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1028/eng@2024-02-28

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