Republic v Registrar Of Companies & 2 others Exparte Bishop Dr. Morris Mwarandu Interested Party Redeemed Gospel Church Inc & another [2014] KEHC 7517 (KLR)

Facts

The Redeemed Gospel Church Inc. was registered as a society under the Societies Act in 1975 and has changed its name multiple times. The applicant seeks to quash the registration as a company and compel the Registrar of Companies to cancel the certificate of incorporation.

Issues

1. Whether the Church is incorporated as a company under the Companies Act.
2. Whether the applicant is entitled to an order compelling the respondents to make available the Church's constitutive documents.

Reasoning

The Court of Appeal in Kenya National Examination Council v Republic ex-parte Geoffrey Gathenji Njoroge and Others CA Civil Appeal No. 266 of 1996 [2011]eKLR established that only an order of certiorari can quash a decision made without jurisdiction. The Church is not incorporated as a company under the Companies Act.

Outcome

The Notice of Motion dated 11th April 2013 is dismissed with costs to the respondents and the interested parties.

Authorities cited