JUDGMENT OF THE COURT
Some residents who ended up settling in the Tigoni area of Limuru Sub-County, Kiambu County, found a commonality of interests in each other and in themselves. They established Tigoni Residents Association (“the Association”), an Association registered under The Societies Act. In objective No. 4 of the Constitution of the Association the residents wanted:
“To enhance the quality of life of the community by taking or influencing such actions to improve the environment within the boundaries set out above. To this end, the Association shall devote itself towards the following, in co-operation with Local Authorities, or responsible Government bodies, or private enterprise, or all together as the Committee may see fit:
1. To liase with responsible Authorities and/or private enterprise to ensure the preservation, cleaning, and restoration of the environment.
2. To liase with responsible Authorities and/or private enterprise to ensure that all roads within the area defined a…