[2018] KEHC 2800 (KLR)
The court found that the applicants had established a prima facie case for the grant of an interlocutory injunction. The applicants were the ones who initiated and provided evidence for the inquiry whose report was being used against them, and they demonstrated a likelihood of suffering irreparable harm if removed...
Source-derived case information.
- Citation
- [2018] KEHC 2800 (KLR)
- Parties
- Applicant: Samwel Marak; Applicant: Zablon Change; Applicant: Josiah Oyaro; Applicant: David Nyaribo; Applicant: Alfred Nyairo; Applicant: Zachary Ondara; Applicant: Samwel Mose; Respondent: The Commissioner of Co-operatives
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1 of 2018
- Procedural Posture
- Civil Suit / Interlocutory Application for Injunction
- Outcome
- injunction granted
- Judges
- EM Muchoki
- Legal Topics
- Interlocutory Injunctions, Management Committee Removal, Irreparable Harm, Administrative Decision Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Marak
Applicant
Zablon Change
Applicant
Josiah Oyaro
Applicant
David Nyaribo
Applicant
Alfred Nyairo
Applicant
Zachary Ondara
Applicant
Samwel Mose
Applicant
The Commissioner of Co-operatives
Respondent
Procedural Posture
Civil Suit / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the applicants are entitled to an interlocutory injunction restraining their removal from the Management Committee of the Society pending determination of the suit.
- 2 Whether the respondent's decision to dissolve the Management Committee was arbitrary, illegal, null and void.
Ratio Decidendi
The court found that the applicants had established a prima facie case for the grant of an interlocutory injunction. The applicants were the ones who initiated and provided evidence for the inquiry whose report was being used against them, and they demonstrated a likelihood of suffering irreparable harm if removed from the Management Committee before the suit is determined. The application was unopposed, and the court was persuaded that the interests of justice required the preservation of the status quo. Accordingly, the respondent was restrained from removing the applicants from the Management Committee pending the hearing and determination of the suit, but not beyond the expiry of...
Court Disposition
injunction granted
Orders
- The respondent is restrained from in any way removing the applicants from the Management Committee of the Society pending the hearing and determination of this suit.
- The period of restraint shall not extend beyond the period within which the applicants' term of office comes to an end.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
CIVIL SUIT NO. 01 OF 2018
1. SAMWEL MARAK...............................................1ST PLAINTIFF/APPLICANT
2. ZABLON CHANGE..............................................2ND PLAINTIFF/APPLICANT
3. JOSIAH OYARO...................................................3RD PLAINTIFF/APPLICANT
4. DAVID NYARIBO.................................................4TH PLAINTIFF/APPLICANT
5. ALFRED NYAIRO................................................5TH PLAINTIFF/APPLICANT
6. ZACHARY ONDARA...........................................6TH PLAINTIFF/APPLICANT
7. SAMWEL MOSE...................................................7TH PLAINTIFF/APPLICANT
=VRS=
THE COMMISSIONER OF CO-OPERATIVES....DEFENDANT/RESPONDENT
RULING
By the Notice of Motion dated 15th October 2018 and filed herein on even date, the applicants seek an injunction restraining the defendants, his agents and or servants from in any way removing them from the Management Committee of the Society until the suit herein is heard and determined.
The application is premised on grounds inter alia that the applicants are the ones that called for and provided evidence for the probe or inquiry whose report the respondent intends to use to remove them from the Management Committee. They aver that they are likely to suffer irreparable loss if the respondent’s arbitrary decision stands and that it is only fair and just that the decision to dissolve the entire Management Committee is declared arbitrary, illegal, null and void.
I have considered the application, the depositions in the supporting affidavit and also considered the submissions of Counsel for the applicants. I have also perused the documents annexed to the affidavit and I am persuaded the application has merit and as it is not opposed, it is allowed. Accordingly, the respondent is hereby restrained from in any way removing the applicants from the Management Committee of the Society pending the hearing and determination of this suit. For the avoidance of doubt, that period shall not extend beyond the period within which the applicants’ term of office comes to an end. The costs of this application shall be in the course.
Signed, dated and delivered in open court this 1st day of November 2018.
E. N. MAINA
JUDGE