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ELCStruck OutPetition dated 3rd March 2025 (Machakos ELC)· [2026] KEELC 4245 (KLR)

Stoni Athi Members Association v National Land Commission & 6 others (Environment and Land Petition E002 of 2025) [2026] KEELC 4245 (KLR)

Environment and Land Court
9 July 2026
JKJ. N. Kuyioni
3,983 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that a registered society cannot sue in its own name, striking out Stony Athi Members Association's land petition entirely.

What this practically means

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Executive summary

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The Petitioner, Stony Athi Members Association, petitioned the Environment and Land Court at Machakos challenging a determination of the National Land Commission dated 17th February 2025 concerning L.R. No. 9917/8, seeking declarations that the determination was unconstitutional and null, orders of certiorari, prohibition and conservatory orders, and costs. The Petitioner then moved under Order 8 of the Civil Procedure Rules for leave to substitute three named officials of the Association as Petitioners in place of the Association. The 2nd Respondent opposed, raising a preliminary objection that proceedings instituted in the name of a society registered under the Societies Act are incompetent and cannot be cured by amendment. The Court framed three issues: whether the objection raised pure points of law; whether the Association had capacity to sue in its own name; and whether leave to amend should issue. Applying Mukisa Biscuit and subsequent authority, the Court held the capacity question was a pure point of law. It found that registration under the Societies Act does not confer separate legal personality, so the Association lacked capacity to institute the Petition in its own name. The Court further held that the power to amend presupposes competent proceedings and cannot retrospectively confer legal capacity; Articles 159(2)(d), 22 and 258 did not assist. The preliminary objection was upheld, the Petition struck out, the Motion dismissed, and costs awarded to the 2nd Respondent.

Key legal issues

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01

Whether a legal-capacity objection qualifies as a preliminary objection on a pure point of law

Holding

It does, where the litigant's status is apparent from the pleadings and undisputed

Reasoning

Applying Mukisa Biscuit and Ali Joho, the Court held that where the issue emerges from the pleadings and turns solely on the legal status of the litigant, no factual inquiry is needed and it is properly a preliminary objection.

p. 4
02

Whether registration under the Societies Act confers legal personality

Holding

No; registration and incorporation are distinct concepts and the Act confers no separate personality

Reasoning

Section 2 of the Societies Act defines a society but no provision states registration incorporates it. Section 41 contemplates participation through a representative. Authorities consistently hold societies lack capacity to sue in their own names.

p. 5
03

Whether the capacity defect could be cured by amendment

Holding

No; amendment cannot create competence where none existed

Reasoning

The amendment would introduce new parties with legal capacity in place of an incompetent petitioner, not merely correct a misdescription. Article 159(2)(d) does not empower a court to confer legal personality; Articles 22 and 258 concern standing, not capacity.

p. 7

Legal principles established

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  • A society registered under the Societies Act does not acquire separate legal personality by registration alone and cannot sue or be sued in its own name; proceedings must be brought through its registered officials.
  • The power to amend pleadings presupposes competent proceedings and cannot be used to create validity where none existed at commencement.

Court orders

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  1. 1.The Notice of Preliminary Objection dated 4th June 2026 is hereby upheld.
  2. 2.The Petition dated 3rd March 2025 is hereby struck out.
  3. 3.Consequently, the Notice of Motion dated 12th May 2026 is dismissed.
  4. 4.The 2nd Respondent shall have the costs of these proceedings.
Jurisdiction invoked
Articles 22, 23 and 258 of the Constitution; Civil Procedure Act and Civil Procedure Rules

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, "Stoni Athi Members Association v National Land Commission & 6 others (Environment and Land Petition E002 of 2025) [2026] KEELC 4245 (KLR)", Case Analysis (2026). Petition dated 3rd March 2025 (Machakos ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4245/eng@2026-07-09

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