[2024] KEHC 5917 (KLR)
The court found that the applicants were the confirmed signatories of the relevant bank accounts as per the bank manager’s letter. Given that the accounts held funds for payment to 242 farmers, and all parties acknowledged the urgency and importance of timely payments, the court determined that maintaining the...
Source-derived case information.
- Citation
- [2024] KEHC 5917 (KLR)
- Parties
- Applicant: Laban A Kandagor; Applicant: William Baswony; Applicant: Stephen K Chemjor; Applicant: David C Kipyos; Respondent: Jennifer Kiptoo; Respondent: Richard Kitilit; Respondent: Cornelius Cheserem; Respondent: Augustine Chebii
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E002 of 2024
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Status Quo Orders Pending Interpartes Hearing
- Outcome
- Status quo orders granted; current signatories to continue operating the accounts pending interpartes hearing.
- Judges
- RB Ngetich
- Legal Topics
- Interim Orders, Status Quo Preservation, Bank Account Signatories
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban A Kandagor
Applicant
William Baswony
Applicant
Stephen K Chemjor
Applicant
David C Kipyos
Applicant
Jennifer Kiptoo
Respondent
Richard Kitilit
Respondent
Cornelius Cheserem
Respondent
Augustine Chebii
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Status Quo Orders Pending Interpartes Hearing
Legal Issues
- 1 Whether the court should grant orders for maintenance of status quo regarding the signatories of Kituro Farmers’ Cooperative Society Limited bank accounts pending determination of the application.
- 2 Whether the current signatories should continue transacting to avoid prejudice to farmers awaiting payment.
Ratio Decidendi
The court found that the applicants were the confirmed signatories of the relevant bank accounts as per the bank manager’s letter. Given that the accounts held funds for payment to 242 farmers, and all parties acknowledged the urgency and importance of timely payments, the court determined that maintaining the current signatories and the status quo was necessary to prevent delay and potential prejudice. The court exercised its discretion to grant interim orders preserving the existing arrangement pending interpartes hearing, emphasizing the need to balance the interests of justice and avoid disruption to the farmers’ payments.
Court Disposition
Status quo orders granted; current signatories to continue operating the accounts pending interpartes hearing.
Orders
- Status quo to be maintained regarding signatories of Kituro Farmers’ Cooperative Society Limited bank accounts as confirmed by Cooperative Bank manager’s letter dated 22/5/2024.
- The four current signatories to continue transacting in the two bank accounts (KSH Ac. No. XXXXX700 and USD Ac. No. XXXXX97001) pending hearing and determination of the application interpartes.
Full Case Text
Judgment text and source record
33 paragraphs
Kandagor & 3 others v Kiptoo & 3 others (Constitutional Petition E002 of 2024) [2024] KEHC 5917 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5917 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Constitutional Petition E002 of 2024
RB Ngetich, J
May 23, 2024
Between
Laban A Kandagor
1st Applicant
William Baswony
2nd Applicant
Stephen K Chemjor
3rd Applicant
David C Kipyos
4th Applicant
and
Jennifer Kiptoo
1st Respondent
Richard Kitilit
2nd Respondent
Cornelius Cheserem
3rd Respondent
Augustine Chebii
4th Respondent
Ruling
1. I have heard and considered submissions by counsels for all the parties herein in respect to prayer for status quo. On Monday 21/5/2024 when the counsels herein addressed this court, it was not clear who the current signatories of the account in the name Kituro Farmers’ Cooperative Society Limited were.
2. I gave directions to the bank manager Cooperative Bank Kabarnet Branch to clarify to court the current officials and signatories of Kituro Farmers’ Co-operative Society Limited and the signatories of the 2 accounts being:a.KSH. Ac. No. XXXXX700. b.USD Acc. No. XXXXX97001.
3. By letter dated 22nd May 2024 addressed to the court by Branch Manager Cooperative Bank Philip Kosgei, the signatories of the above 2 accounts as follows:1. Laban A. Kendagor – Chairman2. William C. Baswony – Chairman3. David C. Kipyoos – Treasurer4. Stephen K. Chemjor – Secretary
4. From the pleadings filed in court, the above 4 signatories are the petitioners herein. All the parties have confirmed that the 2 accounts hold money which is to be paid to 242 farmers who are awaiting payments of their produce. In the interest of justice, it would be fair and just to grant orders of status quo to be maintained to avoid delay in payment of the said farmers as this matter is being prosecuted in court. From the foregoing, I hereby order that status quo be maintained pending hearing and determination of this application interparties.
5. By status quo, I mean the current signatories who have been confirmed by Cooperative Bank manager vide letter dated 22/5/2024. The 4 signatories to continue transacting in the 2 bank accounts being Kshs. No. XXXXXX9700.
and USD Ac. No. XXXXX9700 Pending hearing and determination of this application interparties.
RULING delivered, dated and signed in Virtually at Kabarnet.This 23rd Day of May 2024. …………….……………………RACHEL NGETICHJUDGEIn the presence of:Ms. Chesaro for the PetitionersMs.Mokoit for 1st to 4th RespondentsKaimogul for Interested party