[2023] KECPT 68 (KLR)
The Tribunal allowed the appeal on the basis that the Respondent and Interested Party, despite being served with the relevant pleadings and notices, failed to enter appearance or file any response. The Tribunal found that the decision by the Commissioner to surcharge the Appellant was irregular due to procedural...
Source-derived case information.
- Citation
- [2023] KECPT 68 (KLR)
- Parties
- Appellant: Wycliffe P Omenda; Respondent: The Commissioner For Co-Operative Development & Marketing; Interested Party: Comply Staff Society Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Appeal 4 of 2017
- Procedural Posture
- Tribunal Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- M Mwatsama, Gitonga Kamiti, M. Mbeneka
- Legal Topics
- Surcharge Decisions, Cooperative Societies, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wycliffe P Omenda
Appellant
The Commissioner For Co-Operative Development & Marketing
Respondent
Comply Staff Society Sacco Ltd
Interested Party
Procedural Posture
Tribunal Appeal / Judgment
Legal Issues
- 1 Whether the decision by the Commissioner to surcharge the Appellant was lawful and regular.
- 2 Whether the Respondent and Interested Party were properly served and given an opportunity to respond.
Ratio Decidendi
The Tribunal allowed the appeal on the basis that the Respondent and Interested Party, despite being served with the relevant pleadings and notices, failed to enter appearance or file any response. The Tribunal found that the decision by the Commissioner to surcharge the Appellant was irregular due to procedural deficiencies in the underlying report. In the absence of any defence or justification from the Respondent or Interested Party, the Tribunal quashed and set aside the surcharge decision, granting the relief sought by the Appellant.
Court Disposition
appeal allowed
Orders
- The decision by the Commissioner to surcharge the Appellant is quashed and set aside.
- Orders to apply in Appeal No. CTC 4/17, Appeal 2/17.
Full Case Text
Judgment text and source record
23 paragraphs
Omenda v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Appeal 4 of 2017) [2023] KECPT 68 (KLR) (23 February 2023) (Judgment)
Neutral citation: [2023] KECPT 68 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Appeal 4 of 2017
M Mwatsama, Vice Chair, Gitonga Kamiti & M. Mbeneka, Members
February 23, 2023
Between
Wycliffe P Omenda
Appellant
and
The Commissioner For Co-Operative Development & Marketing
Respondent
and
Comply Staff Society Sacco Ltd
Interested Party
Judgment
1. The Request for Judgment dated 23/2/21 filed on 21/5/21 and Affidavit of Service of James M. Mbuvi sworn on 11/4/2018, 13/4/22. 23/9/22 is considered.
2. We note the Respondent and Interested party have been served severally with pleadings and Notices but have failed to enter appearance.
3. The matter was coming up for determination that is judgment of Memorandum of Appeal dated 15/6/17 filed by the Appellants.
4. We have carefully considered the Appeal and its various grounds. The same raises issues which the Respondent and Interested Party ought to have responded to but chose not to do so despite the various opportunities granted to them.
5. In absence of response or Defence by Interested Party and Respondent the Appeal as per the Memo of Appeal dated 15/6/17 filed on even date is allowed as prayed in terms of Prayer C- Decision by the Commissioner to surcharge the Appellant is hereby quashed and set aside because of irregularities in the report.Orders to apply in Appeal No. CTC 4/17, Appeal 2/17.
JUDGMENT, READ AND DELIVERED VIRTUALLY ON 23RD FEBRUARY, 2023. HON. MJENI MWATSAMA D/CHAIRPERSON SIGNED 23. 2.2023GITONGA KAMITI MEMBER SIGNED 23. 2.2023MARIA MBENEKA MEMBER SIGNED 23. 2.2023