[2022] KECPT 901 (KLR)

[2022] KECPT 901 (KLR)

The tribunal determined that, due to the duplicity of matters and confusion within the society, it was necessary to refer the dispute to the Commissioner for Cooperatives Development for mediation. This approach was deemed appropriate to protect the interests of all members and to ensure that all pending issues...

Source-derived case information.

Citation
[2022] KECPT 901 (KLR)
Parties
Applicant: Keiyo Housing Cooperative Society Limited; Respondent: John Kiprono Chemagut; Respondent: Barnaba Chelagat; Respondent: Francis Chepkok Tuwei; Respondent: Elizabeth Jepkemoi Kibii; Respondent: Joseph Kiptum Lagat; Respondent: Henry Kibor Chesire; Respondent: Joseph Toroitich Kukai; Respondent: Stimson Kipkorir Kiptoo; Respondent: John Kipkemboi Kwambai
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E017/426 of 2022
Procedural Posture
Civil Application / Ruling on Interlocutory Application
Outcome
Application allowed with directions for mediation and reporting.
Judges
BM Kimemia, M. Mbeneka
Legal Topics
Cooperative Societies, Management Committee Disputes, Mediation Orders
Source Language
en
Commercial and Corporate Cooperative Societies Management Committee Disputes Mediation Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Keiyo Housing Cooperative Society Limited

Applicant

John Kiprono Chemagut

Respondent

Barnaba Chelagat

Respondent

Francis Chepkok Tuwei

Respondent

Elizabeth Jepkemoi Kibii

Respondent

Joseph Kiptum Lagat

Respondent

Henry Kibor Chesire

Respondent

Joseph Toroitich Kukai

Respondent

Stimson Kipkorir Kiptoo

Respondent

John Kipkemboi Kwambai

Respondent

Procedural Posture

Civil Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the dispute between the members and the management committee of the claimant should be referred to mediation by the Commissioner for Cooperatives Development.
  2. 2 Whether a status report should be filed by the Commissioner for Cooperatives Development covering all pending issues between the parties.

Ratio Decidendi

The tribunal determined that, due to the duplicity of matters and confusion within the society, it was necessary to refer the dispute to the Commissioner for Cooperatives Development for mediation. This approach was deemed appropriate to protect the interests of all members and to ensure that all pending issues between the parties are addressed comprehensively. The tribunal further ordered the Commissioner to file and serve a status report within 45 days, covering all outstanding matters, and directed that the order be served upon the Commissioner within 7 days. The matter was set for mention to monitor compliance and progress.

Court Disposition

Application allowed with directions for mediation and reporting.

Orders

  • The parties to appear before the Commissioner for Cooperatives Development for mediation of the dispute.
  • The Commissioner for Cooperatives Development to file and serve a status report within 45 days covering all pending issues.