In 1904, His Most Gracious Majesty King Edward VII granted the Church Missionary Trust Association a 22-acre parcel of land in Kaloleni, Kilifi County, on a 99-year lease.
By 1927, the Church Missionary Society (CMS), which later became the Anglican Church of Kenya, had established St Luke’s Hospital on the site.
Since then, the Church has managed the facility, providing essential medical services to the local community for nearly a century.
However, the long-standing peace the hospital enjoyed was disrupted in August last year when sections of the local community turned against the Church. A group of more than 50 people stormed the hospital, demanding that the Church vacate the property immediately.
In a letter dated August 11, 2025, they insisted that the land be surrendered to the people of Kaloleni, arguing that the 99-year lease had expired and was subsequently renewed or extended illegally in 2023.
To safeguard the hospital’s interests and operations, the Church Commissioners for Kenya moved to court to block what they described as a hostile invasion and an attempted takeover of the property by the community.
In their application filed in August last year, the Church sought orders to restrain the defendants, or anyone acting on their behalf, from interfering with its title and quiet possession of the property.
It also sought to bar the defendants and their agents from mobilising or inciting members of the public to invade or interfere with the land.
The application was supported by an affidavit sworn by Rev Michael Shitandi, who maintained that the Church holds a valid certificate of title over the land and has continuously operated St Luke’s Hospital on the property for nearly a century, providing essential healthcare services to the community.
He stated that the Church had enjoyed peaceful occupation of the land since 1904 until August 12, 2025, when the defendants allegedly led a group of more than 50 people to storm the hospital and issue an ultimatum demanding that the Church vacates the land or face forceful repossession by the community.
A section of the St Lukes Mission Hospital Giriama, Kaloleni .The mission hospital was started in 1927 by the England-based missionaries. It collapsed in 2016 due to financial challenges
Photo credit: Maureen Ongala I Nation Media Group.
“The defendants’ actions are not only unlawful but also alarmist, calculated to deny the plaintiff quiet enjoyment of the property and threaten the continued operation of the hospital, which serves residents of Kaloleni and its environs,” the Church said.
Rev Shitandi further explained the historical and legal link between the plaintiff and the original lessee, stating that the land was initially granted to the Church Missionary Trust Association in 1904 by the King of England.
He noted that the Church Missionary Society, which established the hospital in 1927, later evolved into the Anglican Church of Kenya in 1998, while the Church Commissioners for Kenya, established in 1974, took over the assets and responsibilities of the Trust Association.
He added that before the expiry of the initial lease, the Church Commissioners applied for its extension on September 14, 2000. The process went through all the requisite government approvals, culminating in the issuance of a Certificate of Lease by the Cabinet Secretary on May 12, 2023.
On the question of authority to file the suit, trustee Desmond Mutula swore an affidavit confirming that he had been duly instructed by the Church to verify the pleadings, while Rev Shitandi also acted under proper authority.
The Church argued that, in law, any director or trustee acting on behalf of a company is presumed to have authority unless proven otherwise, and that the defendants had not demonstrated any lack of such authority.
Church vs original lessee
In response, the defendants opposed the application through a replying affidavit sworn by Amos Thoya on behalf of the other respondents.
They argued that there was no legal connection between the Church Commissioners for Kenya and the original lessee, the Church Missionary Trust Association, insisting that only the original lessee was eligible to apply for renewal or extension of the lease, which they said expired in 2023.
"The Trust Association was the original holder of the leasehold interest made on April 20, 1910, for a period of 99 years, commencing in 1904 and expiring in 2023, but not the plaintiff," they said
The defendants further contended that the suit was filed without a valid company resolution authorising the legal action, rendering the entire case defective.
They described the suit as scandalous, frivolous, vexatious and an abuse of the court process, urging the court to dismiss it in its entirety.
They also alleged that the Church obtained the lease extension through misrepresentation and that the renewal process was unlawful, illegal and procedurally flawed.
According to them, the Church had failed to establish a valid basis to warrant the grant of injunctive orders.
“Therefore, the suit is scandalous, frivolous, vexatious, incurably defective, legally invalid in both law and fact, lacking legal merit, violating legal provisions, and abusing the court process; it should be dismissed,” the court heard.
In its determination, the Environment and Land Court in Malindi found that the Church holds a valid leasehold interest over the suit property following a lawful extension and that it manages the hospital situated on the land.
The court observed that on August 12, 2025, the defendants unlawfully entered the hospital premises and demanded that the Church vacates, noting that the law guarantees every landowner the right to quiet possession without interference from third parties.
“It is a well-settled legal doctrine that every landowner has the right to the quiet possession and occupation of their property without interference from third parties,” the court said.
The court held that the Church had established a prima facie case, with evidence showing that its rights were under imminent threat of violation.
It noted that the defendants’ actions posed an immediate risk of disrupting hospital operations and the delivery of critical healthcare services to the residents of Kaloleni.
It further found that the harm likely to be suffered could not be adequately compensated by damages, as it would not only affect proprietary rights but also jeopardise essential medical services relied upon by the public.
“The balance of convenience favours granting the requested orders. As already demonstrated, the applicant currently holds title to the suit property, and there is a hospital on the suit land that serves the public. It is in the public interest to maintain ownership and normal operations at the hospital pending the hearing of the suit,” the court said.
Consequently, the court concluded that the Church had met all the legal thresholds required for the grant of an interlocutory injunction and allowed the application, effectively restraining the defendants from interfering with the property until the dispute is fully heard and determined.
