[2021] KEHC 5849 (KLR)
The court determined that the central issue is the identification of bona fide members of the Kitale Jua Kali Welfare Association, which is a prerequisite for conducting valid elections of officials. Due to the lack of agreement between the parties and the incompleteness of the Registrar of Societies' list, the...
Source-derived case information.
- Citation
- [2021] KEHC 5849 (KLR)
- Parties
- Applicant: Japhether Wafula Wanyonyi; Respondent: Hilda Kipruto a.k.a. Hilda Kiprotich; Respondent: Patrick Waluka; Respondent: Benard Barasa; Respondent: Getrude Khisa
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 17 of 2020
- Procedural Posture
- Miscellaneous Application / Directions Issued Prior to Substantive Hearing
- Outcome
- Directions issued for further submissions and supervised elections; no final determination on merits yet.
- Judges
- LK Kimaru
- Legal Topics
- Society Membership Disputes, Election of Officials, Register of Members
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhether Wafula Wanyonyi
Applicant
Hilda Kipruto a.k.a. Hilda Kiprotich
Respondent
Patrick Waluka
Respondent
Benard Barasa
Respondent
Getrude Khisa
Respondent
Procedural Posture
Miscellaneous Application / Directions Issued Prior to Substantive Hearing
Legal Issues
- 1 Who are the bona fide members of the Kitale Jua Kali Welfare Association.
- 2 How was membership to the Association acquired and maintained.
- 3 What process should be followed for conducting elections of officials.
Ratio Decidendi
The court determined that the central issue is the identification of bona fide members of the Kitale Jua Kali Welfare Association, which is a prerequisite for conducting valid elections of officials. Due to the lack of agreement between the parties and the incompleteness of the Registrar of Societies' list, the court directed that submissions be made regarding the process of membership acquisition and maintenance, and that any available membership register be produced. The court further ordered that, upon determination of bona fide members, elections would be conducted under court supervision to ensure legitimacy and fairness.
Court Disposition
Directions issued for further submissions and supervised elections; no final determination on merits yet.
Orders
- Parties to submit to court details on how membership was acquired and maintained, including any membership register.
- Upon determination of bona fide members, court to call for elections of officials by those members.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC CIVIL CASE NO. 17 OF 2020
JAPHETHER WAFULA WANYONYI.................................................APPLICANT
VERSUS
HILDA KIPRUTO A.K. HILDA KIPROTICH..........................1ST RESPONDENT
PATRICK WALUKA..................................................................2ND RESPONDENT
BENARD BARASA ..................................................................3RD RESPONDENT
GETRUDE KHISA.....................................................................4TH RESPONDENT
DIRECTIONS
It is apparent to this court that at the core of the dispute between the parties herein is the determination of the question regarding who are the bona fide members of the Society registered as Kitale Jua Kali Welfare Association. When the court directed the parties to sit down and agree on the list of bona fide members, such agreement was not reached. Matters were complicated by the fact that the list kept by the Registrar of Societies appear to be incomplete. What is interesting is that the lists presented to court appear to bear some common names. It is not clear from the lists presented to court how membership was acquired or how it is maintained. In the circumstances therefore, this court issues the following directions:
i) The Court shall receive submissions from the parties in regard to how the membership was acquired and maintained. In that regard, if there is a membership register, the same should be submitted to the Court.
ii) Upon determination of the issue of the bona fide members, the court shall call upon the said bona fide members to conduct elections to elect their officials;
iii) The Elections shall be supervised by a competent Party that court shall appoint.
iv) A hearing date shall be fixed for the Court to consider issue (i).
It is so ordered.
DATED at KITALE this 29th day of JUNE, 2021.
L. KIMARU
JUDGE