[2024] KECPT 958 (KLR)

Kenya Technical Teachers College Workers Coop Saving & Credit Society v Kamau & 13 others; Manyeve t/a M Korongo & Co Advocates (Applicant) (Tribunal Case 815 of 2017) [2024] KECPT 958 (KLR) (Civ) (30 May 2024) (Ruling)

Neutral citation: [2024] KECPT 958 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 815 of 2017

J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

May 30, 2024

Between

Kenya Technical Teachers College Workers Coop saving & Credit Society

Claimant

and

Njuguna Kamau & 13 others

Respondent

and

George Korongo Manyeve t/a M Korongo & Co Advocates

Applicant

Ruling

1. Before this Tribunal for determination is a Notice of Motion Application dated 11th November, 2022 seeking for the following orders:a.That this Honourable Tribunal be pleased to set aside orders dated 2. 9.2022 issued against Mr. George Korongo Manyeve T/a M. Korongo & Company Advocates together with all consequential orders arising therefrom.b.That the costs of the Application to be borne by the Claimant/Respondent

2. On the face of the Notice of Motion the Applicant adduced six (6) grounds, filed a Supporting Affidavit dated 11th November 2022 copies of Letter of Appointment dated 25. 8.2011, minutes of the Shamba Investment Committee and a Memorandum of Understanding dated 19. 7.2010 between shamba investment and a surveyor named Erick Otieno Owaga.

3. This being an old matter , the Tribunal had issued several Rulings on various Applications made which culminated in a Ruling delivered on 2nd September 2022. This Tribunal’s Ruling ordered M. George Korongo Manyeve T/a M. Korongo & Company advocates to release the original title deeds for LR. NO. 9363/199 and 9363/200 to the Claimants.

4. When M/s M. Korongo & Company advocates failed to comply with the orders, the Tribunal on Application by the Claimants issued summons addressed to Mr. George Korongo to appear before the tribunal to show cause.

5. On 3. 11. 2022, Ms. Ongegu & associates acting for Mr. George Korongo Manyeve T/a Korongo & Company advocates filed an Application dated 1. 11. 2022 and raised various grounds to oppose the Notice to Show Cause issued to Mr. George Korongo Manyeve.

Issues for Determination 6. Having read through the evidence/ on record contained in the file, we find that two (2) issues need to be addressed in answer to the Notice of Motion application dated 11. 11. 2022.

Issuesa.Whether Mr. George Korongo Manyeve Advocate should comply with the Tribunal order dated 2. 9.2022?b.Who should pay the cost of the Application?

Issue 1 Whether Mr. George Korongo Manyeve Advocate should comply with the Tribunal order dated 2. 9.2022?In analyzing the issue whether George Korongo Manyeve should comply with the Tribunal’s order or not, we are alive to the fact that Mr. George Korongo Manyeve is an advocate of the High Court of Kenya and therefore an officer of the court and this Tribunal. He is therefore aware that orders of the Courts/Tribunals are to be complied first before any other issue is argued out. 7. This Tribunal issued an order dated 25th June 2020 and directed the Respondents Mr. Njuguna Kamau and 13 others the Splinter members of the Claimant to release the original title documents for LR.NO.9363/199 and 9363/200 which are registered in the name of the Claimants.The non-compliance of the order cited above prompted the Claimants to file a Notice of Motion dated 17. 5.2022 and prayed for an order directing the Respondents and/or their former firm of advocates on record M/s M. Korongo and company advocates to comply with the order. Upon considering the oral arguments of the advocates, the Tribunal issued an order dated 2nd September 2022 directing Mr. George Korongo Manyeve to release the title deeds.

8. Courts are empowered under Order 10 Rule 11 of the Civil procedure Rules 2010 to set aside or vary a judgment that has been entered. However, the order issued by the Tribunal is not a final judgment and that there is nothing in the court records which provide reasons as to why Mr. George Korongo Manyeve should hold a clients title without any justifiable reason.

9. It is now a principle of law that Court/Tribunal orders issued from time to time are independent from the final determination of a suit and must be complied with.On this Tribunal relies on the holding of the court in the case of Shimmers Plaza Limited versus National Bank of Kenya Limited 2015 eKLR which stated that: the courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and Centre.This amounts to abdication of our sancrosant duty bestowed on us by the Constitution.The dignity and the authority of the court must be protected and that is why those who flagrantly disobey must be punished, lest they lead us all to a state of anarchy”.

10. Being part of the justice system, we find that the Applicants’ Notice of Motion dated 11. 11. 2022 lacks merit and is hereby dismissed.

Orders 11. We therefore order as follows:a.That the Applicant’s Notice of Motion dated 11. 11. 2022 be and is hereby dismissed with costs.b.Parties to file and serve documents to be used at trial 30 days from today.c.Mention for Pre-trial directions on 8. 8.2024d.Matter to be heard on priority basis.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF MAY, 2024. Hon. J. Mwatsama Deputy Chairperson Signed 30. 5.2024Hon. Beatrice Sawe Member Signed 30. 5.2024Hon. Fridah Lotuiya Member Signed 30. 5.2024Hon. Philip Gichuki Member Signed 30. 5.2024Hon. Michael Chesikaw Member Signed 30. 5.2024Hon. Paul Aol Member Signed 30. 5.2024Tribunal Clerk JonahNo appearance by partiesRuling delivered in absence of parties.Hon. J. Mwatsama Deputy Chairperson Signed 30. 5.2024LaterMatinda advocate for the ApplicantMs. Murugi advocate holding brief for Orina advocate for the Respondent.Hon. J. Mwatsama Deputy Chairperson Signed 30. 5.2024