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ELCStruck OutELC Case of 2024 (Nakuru)

Kamau & 4 others (The Registered Trustees of New Testament Church of God Kenya) v Njuguna t/a Charismata Ministries Network & 2 others (Environment & Land Case E072 of 2024) [2025] KEELC 1333 (KLR)

Environment and Land Court
19 March 2025
2,520 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out a church's 20-year-old land dispute, ruling that filing earlier cases does not pause Kenya's 12-year time limit.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determined two competing applications: a Notice of Motion dated 28th October 2024 by the Plaintiff, New Testament Church of God Kenya, seeking a temporary injunction restraining the Defendants from dealing with or alienating L.R Mau Summit/Molo Block 1/181 and 1/182 (Mutirithia), from interfering with the Plaintiff's churches in Molo, Nakuru, Eldama Ravine and Njoro, and from disposing of movable church property; and a Notice of Motion dated 4th November 2024 by the Defendants seeking striking out of the suit as time barred under Section 7 of the Limitation of Actions Act. The dispute arose in 2004, when the Plaintiff first sued (originally Nakuru HCCC No 247 of 2004, later ELC No 129 of 2019), and that suit was struck out in September 2024 for want of locus standi. The Plaintiff then filed the present suit. The court framed two issues: whether the suit is time barred, and whether the Plaintiff met the injunction threshold. Relying on Section 7 of the Limitation of Actions Act, Gathoni v Kenya Co-operative Creameries, Mehta v Shah and Donald Osewe Oluoch v Kenya Airways, the court held that pendency of a suit does not stop time from running, the statutory exceptions under Sections 26 and 27 were not invoked, and the Indian codified principle of excluding time spent on failed proceedings does not apply in Kenya. The suit was therefore struck out as time barred, the Plaintiff's injunction application was dismissed, and each party was ordered to bear their own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiff's suit is time barred
  2. 2.The implication of the striking out of the plaintiff's earlier suit (originally No 47 of 2004, subsequently registered as ELC No 129 of 2019) for lack of locus standi
  3. 3.Whether the plaintiff has met the threshold for grant of temporary injunction

Key legal issues

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01

Whether the suit filed after the striking out of ELC No 129 of 2019 for lack of locus standi is time barred under Section 7 of the Limitation of Actions Act

Holding

The suit is time barred; striking out of the prior suit for want of locus standi does not save limitation, and prosecution of earlier proceedings does not suspend time

Reasoning

The dispute arose in 2004 and the claim is for recovery of land governed by Section 7 of the Limitation of Actions Act, which bars such actions after twelve years. The plaintiff argued that time stopped running while the earlier suit was pending, but the court found no such provision in the statute. The exceptions under Sections 26 and 27 were not invoked, and the Indian principle of excluding time spent on proceedings struck out for jurisdictional defects does not apply in Kenya.

p. 6
02

Whether the plaintiff met the threshold for a temporary injunction

Holding

The question became spent once the suit was struck out as time barred

Reasoning

The court held that if the limitation question is answered in the affirmative, it need not consider the injunction threshold, since the matter would be spent. The suit having been found time barred, the plaintiff's Notice of Motion dated 28th October 2024 seeking injunctive and other interim relief was dismissed in its entirety.

p. 5

Legal principles established

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  • The pendency of a matter before a court does not stop time from running under the Limitation of Actions Act; a plaintiff must invoke the statutory exceptions to extend time
  • The exclusion of time spent pursuing failed litigation due to lack of jurisdiction, as codified in India (Section 14 of the Indian Limitation Act), is not the law in Kenya

Court orders

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  1. 1.The suit is time barred and is therefore struck out
  2. 2.Each party to bear their own costs
  3. 3.The plaintiff's application dated 28th October 2024 is dismissed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court jurisdiction over land disputes)

Relief refused

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Temporary injunction restraining defendants from dealing with L.R Mau Summit/Molo Block 1/181 and 1/182 and from interfering with church operations

The suit itself was struck out as time barred, rendering the injunction application unarguable

p. 6

Release or preservation of movable property (motor vehicles, tents, public address systems)

Dismissed with the injunction application as the suit was struck out

p. 6

Costs

Each party to bear their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I have considered the two applications and find that the suit is time barred and therefore struck out with each party bearing their own costs. The Plaintifis' application dated 28th October 2024 is hereby dismissed.
p. 6Final orders - striking out for limitation
There is nowhere in the Statute that states that the pendency of a matter before a court stops time from running.
p. 5Limitation - pendency of suit does not suspend time
An action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him
p. 5Section 7 Limitation of Actions Act
The object of any limitation enactment is to prevent a Plaintifi from prosecuting stale claims on the one hand, and on the other hand protect a Defendant after he has lost evidence for his defence from being disturbed after a long lapse of time.
p. 5Purpose of limitation law
That is not the case in Kenya.
p. 6Non-application of Indian limitation exclusion principle

Issues in the judgment

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minor

The parties' roles are labelled inconsistently; the defendants' application refers to the applicants as 'plaintifis/respondents' and the plaintiff is sometimes referred to in the plural ('Plaintifis') despite being a single entity

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, "Kamau & 4 others (The Registered Trustees of New Testament Church of God Kenya) v Njuguna t/a Charismata Ministries Network & 2 others (Environment & Land Case E072 of 2024) [2025] KEELC 1333 (KLR)", Case Analysis (2025). ELC Case of 2024 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1333/eng@2025-03-19

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