[2025] KECPT 308 (KLR)

[2025] KECPT 308 (KLR)

The Tribunal found that the preliminary objection lacked merit because Section 37(f) of the 3rd Respondent's by-laws, which requires exhaustion of internal dispute resolution mechanisms, applies to delegate elections and not to board member elections. Furthermore, referring the parties back to internal mechanisms would be futile given the imminent election. On the substantive issue, the Tribunal held that Section 39(b) of the by-laws does not require continuous or immediately preceding service as a delegate for 3 years; rather, any period of 3 years' service as a delegate suffices for eligibility to contest for board membership. The Tribunal adopted a purposive interpretation of the...

Citation
[2025] KECPT 308 (KLR)
Parties
Applicant: Jane Ngeso Ochola; Respondent: Beth Njaramba
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Tribunal Case E479 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Substantive Application
Outcome
application dismissed with costs to respondents; file closed
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
Legal Topics
Cooperative Societies Governance, Election Disputes, Interpretation of by Laws
Source Language
English
Civil Procedure Commercial and Corporate Cooperative Societies Governance Election Disputes Interpretation of by Laws

Case Brief

Summary, issues, holding and outcome

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Parties

Jane Ngeso Ochola

Applicant

Beth Njaramba

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection and Substantive Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the dispute before exhaustion of internal dispute resolution mechanisms.
  2. 2 Whether Section 39(b) of the 3rd Respondent's by-laws requires continuous service as a delegate for 3 years preceding election to the board.
  3. 3 Whether the 1st and 2nd Respondents are eligible to contest for board membership under the by-laws.

Ratio Decidendi

The Tribunal found that the preliminary objection lacked merit because Section 37(f) of the 3rd Respondent's by-laws, which requires exhaustion of internal dispute resolution mechanisms, applies to delegate elections and not to board member elections. Furthermore, referring the parties back to internal mechanisms would be futile given the imminent election. On the substantive issue, the Tribunal held that Section 39(b) of the by-laws does not require continuous or immediately preceding service as a delegate for 3 years; rather, any period of 3 years' service as a delegate suffices for eligibility to contest for board membership. The Tribunal adopted a purposive interpretation of the...

Court Disposition

application dismissed with costs to respondents; file closed

Orders

  • The application dated 22/5/2025 is dismissed with costs to the respondents.
  • The ruling serves as judgment on the claim; file is ordered closed.