[2025] KECPT 294 (KLR)

[2025] KECPT 294 (KLR)

The Tribunal found that although there was a six-month delay in filing the appeal, the applicant's assertion that he did not receive notice of the surcharge order constituted a reasonable cause for the delay. The Tribunal exercised its discretion in favour of the applicant, noting that the intended appeal was arguable as it raised issues of due process in the surcharge proceedings. The Tribunal further held that any prejudice to the respondent could be compensated by damages, given the liquidated nature of the claim. On the issue of stay of proceedings, the Tribunal balanced the interests of both parties and determined that refusing a stay would render the intended appeal nugatory, as the...

Citation
[2025] KECPT 294 (KLR)
Parties
Appellant: Kelvin Ochieng; Respondent: The Commissioner of Cooperative Development
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Tribunal Appeal E006 of 2024
Procedural Posture
Tribunal Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Proceedings
Outcome
Application allowed with conditions.
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
Legal Topics
Leave to Appeal Out of Time, Stay of Proceedings, Cooperative Societies Disputes, Surcharge Orders
Source Language
English
Civil Procedure Commercial and Corporate Leave to Appeal Out of Time Stay of Proceedings Cooperative Societies Disputes Surcharge Orders

Case Brief

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Parties

Kelvin Ochieng

Appellant

The Commissioner of Cooperative Development

Respondent

Procedural Posture

Tribunal Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Proceedings

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an appeal out of time.
  2. 2 Whether stay of proceedings in Tribunal Case No. E338 of 2024 should be granted pending appeal.
  3. 3 Whether the delay in filing the appeal was reasonable and justified.

Ratio Decidendi

The Tribunal found that although there was a six-month delay in filing the appeal, the applicant's assertion that he did not receive notice of the surcharge order constituted a reasonable cause for the delay. The Tribunal exercised its discretion in favour of the applicant, noting that the intended appeal was arguable as it raised issues of due process in the surcharge proceedings. The Tribunal further held that any prejudice to the respondent could be compensated by damages, given the liquidated nature of the claim. On the issue of stay of proceedings, the Tribunal balanced the interests of both parties and determined that refusing a stay would render the intended appeal nugatory, as the...

Court Disposition

Application allowed with conditions.

Orders

  • Applicant is granted leave to file his appeal out of time.
  • Proceedings in Tribunal Case No. E338 of 2024 are stayed pending the hearing and determination of the appeal herein, subject to payment of a security of Ksh. 603,305 by the applicant to the court.