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Odhiambo v Trustees, Full Gospel Church of Kenya & 2 others (Constitutional Petition E008 of 2023) [2025] KEELC 7409 (KLR) (27 October 2025) (Ruling)

[2025] KEELC 7409 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
7409
Citation
[2025] KEELC 7409 (KLR)
Decided
27 October 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeConstitutional PetitionPostureRespondent's Preliminary Objection to PetitionCoramJM ONYANGO
The Preliminary Objection is dismissed with costs to the Petitioner.

Facts

The Petitioner Justin Peter Odhiambo filed a constitutional petition against the Trustees, Full Gospel Church of Kenya and the Kiambu County Government, alleging contravention of various constitutional rights.

Issues

  • Whether the Trustees, Full Gospel Church of Kenya is a legal or juristic person capable of being sued in its own name.
  • Whether the Preliminary Objection should be upheld.

Reasoning

The court found that the Trustees, Full Gospel Church of Kenya is a legal entity capable of being sued in its corporate name, as per Section 3(3) of the Trustees (Perpetual Succession) Act, Cap 164.

Outcome

The Preliminary Objection is dismissed.

Authorities cited

Legislation (3)
  • Trustees (Perpetual Succession) Act, Cap 164
  • Environmental Management and Coordination Act
  • Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control Regulations)
Cases cited (1)
  • Registered Trustees if Maximum Miracle Centre v Andrew Mlewa Mkare (2013) KEHC 2553 KLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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