[2025] KECPT 382 (KLR)

[2025] KECPT 382 (KLR)

The Tribunal held that it lacked jurisdiction to entertain the appeal because no surcharge order had been issued by the Commissioner for Cooperative Development. Under Section 74 of the Cooperative Societies Act, only a person aggrieved by a surcharge order may appeal to the Tribunal. The Inquiry Report itself does not constitute an appealable order; it is merely a precursor to a surcharge order. The appellant's challenge to the procedure leading to the Inquiry Report, absent a surcharge order, was therefore premature. The Tribunal further found that the appellant had not complied with Rule 8(3) of the Cooperative Tribunal (Practice and Procedure) Rules, which requires a complete record...

Citation
[2025] KECPT 382 (KLR)
Parties
Appellant: Chombo Shete; Respondent: Commissioner for Cooperative Development
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Tribunal Appeal E001 of 2025
Procedural Posture
Tribunal Appeal / Ruling on Preliminary Objection and Application for Interim Orders
Outcome
Appeal struck out for want of jurisdiction; preliminary objection upheld; leave to appeal granted.
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Tribunal Jurisdiction, Cooperative Societies Inquiries, Surcharge Orders, Procedural Requirements, Fair Administrative Action
Source Language
English
Administrative Law Civil Procedure Tribunal Jurisdiction Cooperative Societies Inquiries Surcharge Orders Procedural Requirements Fair Administrative Action

Case Brief

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Parties

Chombo Shete

Appellant

Commissioner for Cooperative Development

Respondent

Procedural Posture

Tribunal Appeal / Ruling on Preliminary Objection and Application for Interim Orders

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to entertain the appeal in the absence of a surcharge order.
  2. 2 Whether the appeal is premature for failure to comply with Rule 8(3) of the Cooperative Tribunal (Practice and Procedure) Rules, 2009.
  3. 3 Whether the proper procedure for challenging the Inquiry Report is by appeal or by review under the Fair Administrative Action Act.

Ratio Decidendi

The Tribunal held that it lacked jurisdiction to entertain the appeal because no surcharge order had been issued by the Commissioner for Cooperative Development. Under Section 74 of the Cooperative Societies Act, only a person aggrieved by a surcharge order may appeal to the Tribunal. The Inquiry Report itself does not constitute an appealable order; it is merely a precursor to a surcharge order. The appellant's challenge to the procedure leading to the Inquiry Report, absent a surcharge order, was therefore premature. The Tribunal further found that the appellant had not complied with Rule 8(3) of the Cooperative Tribunal (Practice and Procedure) Rules, which requires a complete record...

Court Disposition

Appeal struck out for want of jurisdiction; preliminary objection upheld; leave to appeal granted.

Orders

  • The preliminary objection dated 11/6/2025 is allowed.
  • The appeal is struck out as premature and incompetent.