[2025] KECPT 241 (KLR)
The Tribunal found that the Respondent's failure to attend was not deliberate but was caused by confusion resulting from two separate cause lists for the same matter on the same day, one before the Chairperson and one before the Deputy Chairperson. The Tribunal accepted the explanation provided by the Respondent's...
Source-derived case information.
- Citation
- [2025] KECPT 241 (KLR)
- Parties
- Applicant: Airport Sacco & Credit Coop Society Limited; Respondent: Bernard Koech Kemboi
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 502 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Lift Warrant of Arrest and for Directions
- Outcome
- application allowed in part
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Warrant of Arrest, Non Attendance, Tribunal Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Airport Sacco & Credit Coop Society Limited
Applicant
Bernard Koech Kemboi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Lift Warrant of Arrest and for Directions
Legal Issues
- 1 Whether the warrant of arrest issued against the Respondent on 13/6/2024 should be lifted due to confusion in the cause lists.
- 2 Whether the Tribunal should give directions on the Respondent's application dated 10/6/2024.
Ratio Decidendi
The Tribunal found that the Respondent's failure to attend was not deliberate but was caused by confusion resulting from two separate cause lists for the same matter on the same day, one before the Chairperson and one before the Deputy Chairperson. The Tribunal accepted the explanation provided by the Respondent's advocate and determined that, in the interests of justice and fairness, the warrant of arrest issued on 13/6/2024 should be lifted. The Tribunal further directed that the Claimant be granted 14 days to file and serve their response to the Respondent's application dated 10/6/2024, and that the costs of the application be in the cause.
Court Disposition
application allowed in part
Orders
- The warrant of arrest issued on 13/6/2024 against the Respondent is lifted.
- The Claimant is granted 14 days from the date of the ruling to file and serve their response to the application dated 10/6/2024.
Full Case Text
Judgment text and source record
17 paragraphs
Airport Sacco & Credit Coop Society Limited v Kemboi (Tribunal Case 502 of 2018) [2025] KECPT 241 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KECPT 241 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 502 of 2018
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
March 27, 2025
Between
Airport Sacco & Credit Coop Society Limited
Claimant
and
Bernard Koech Kemboi
Respondent
Ruling
1. The matter for determination is Respondent’s Notice of Motion Application dated 13/6/2024 which was equally filed under a Certificate of Urgency seeking for: -a.Spentb.That the orders made and/or the Warrant of arrest issued on 13/6/2024 stayed and lifted.c.That the Tribunal be pleased to give directions as the Respondent/Applicants, application dated 10/6/2024. d.That costs to be on cause.
Analysis and Determination 2. After reading and analyzing the statements on record from both the Claimant and the Respondent we begin by considering the notice of motion application dated 13/6/2024. An in-depth perusal of the sworn by Janice J. Kemboi leads us to determine two (2) issues.i.Whether the Respondent deserve the lifting the warrants of arrest issued on 13/6/2024. ii.Whether the Tribunal can give direction on the Respondent’s/Applicant’s Application dated 2024. Whether the Respondent deserve the staying or lifting of the warrants of arrest issued on 13/6/2024. In the Application to have the Warrant of Arrest be stayed or lifted against him the Respondent/Applicant agreed out that there was confusion on 13/6/2024 when the Tribunal had listed that the Respondent to appear before the Honorable Chairperson and at the same time to appear before the Honorable Deputy Chairperson. This was a mistake which could cause confusion to anybody.The fact that when the advocate of the Respondent found out that the matter was listed before the Honorable Deputy Chairperson who had issued the warrant of arrest because of the non-attendance of the Respondent. It is a fact that the Honorable Deputy Chairperson was not aware that the same file was listed before the Hon. Chairperson.While it was the responsibility of the Respondent to attend the Tribunal as directed, we agree that his non-attendance was not deliberate but due to the confusion caused by the two cause list posted online.If there was no two cause list posted on the same day for the same file, we would not have considered to lifting the warrants of arrest against the Respondent but because of the confusion caused by the two (2) cause lists and the averments of the Advocate of the Respondent, we hereby order that the Warrant of Arrest issued on 13/6/2024 against the Respondent is hereby lifted.In conclusion, we make the following orders regarding the Respondent’s notice of motion application dated 13/6/2024. OrdersPrayer 1 – spentPrayer 2 – Warrant of Arrest lifted dated 13/6/2024Prayer 3- We direct that the Claimant is granted 14 days from the date herein to file and serve their response to the application dated 10/6/2024. Prayer 4 – Cost of this application to be in the cause.Hearing Application dated 10/6/2024 on 9/4/2025. Notice to issue.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025TRIBUNAL CLERK JONAHKemboi for Respondent/Applicant- Present.No appearance for ClaimantHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025