[2020] KECPT 12 (KLR)
The Tribunal, upon hearing submissions and by consent of the parties, found that the election of Mr. Michael Ngundo Kawinzi to the Management Committee was disputed and that the proper course was to suspend his election and order a fresh election in accordance with the society's by-laws and the Co-operative...
Source-derived case information.
- Citation
- [2020] KECPT 12 (KLR)
- Parties
- Applicant: Stephen Mwanzia Kithuka; Applicant: Joseph Mutinda Mutisya; Applicant: Fredrick Mithya Muli; Respondent: Muka Mukuu Farmers Co-operative Society Limited; Interested Party: Michael Mutote Muthukui; Interested Party: Kamau Munene Wakaba
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 150 of 2020
- Procedural Posture
- Tribunal Claim / Consent Order
- Outcome
- Claim settled by consent; operative orders issued.
- Legal Topics
- Cooperative Societies Governance, Elections in Cooperatives, Consent Orders, Management Committee Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mwanzia Kithuka
Applicant
Joseph Mutinda Mutisya
Applicant
Fredrick Mithya Muli
Applicant
Muka Mukuu Farmers Co-operative Society Limited
Respondent
Michael Mutote Muthukui
Interested Party
Kamau Munene Wakaba
Interested Party
Procedural Posture
Tribunal Claim / Consent Order
Legal Issues
- 1 Whether the election of Mr. Michael Ngundo Kawinzi to the Management Committee was valid.
- 2 Whether a fresh election should be conducted to fill the position of the suspended committee member.
- 3 Whether the issue of leasing the suit properties/land should be referred back to members.
Ratio Decidendi
The Tribunal, upon hearing submissions and by consent of the parties, found that the election of Mr. Michael Ngundo Kawinzi to the Management Committee was disputed and that the proper course was to suspend his election and order a fresh election in accordance with the society's by-laws and the Co-operative Societies Act. The Tribunal further determined that the issue of leasing the suit properties/land should be referred back to the members for resolution. The claim was marked as settled by consent, and all interim orders previously issued were discharged.
Court Disposition
Claim settled by consent; operative orders issued.
Orders
- The election of Mr. Michael Ngundo Kawinzi to the Management Committee of the Respondent is suspended.
- The Respondent is to conduct a fresh election to fill the position of the suspended Management Committee Member Mr. Michael Ngundo Kawinzi in its next Annual General Meeting in accordance with its By-Laws and the Co-operative Societies Act.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 150 OF 2020
STEPHEN MWANZIA KITHUKA.................................................................1ST CLAIMANT
JOSEPH MUTINDA MUTISYA.....................................................................2ND CLAIMANT
FREDRICK MITHYA MULI.........................................................................3RD CLAIMANT
VERSUS
MUKA MUKUU FARMERS CO-OPERATIVE SOCIETY LIMITED.......RESPONDENT
AND
MICHAEL MUTOTE MUTHUKUI.............................................1ST INTERESTED PARTY
KAMAU MUNENE WAKABA.....................................................2ND INTERESTED PARTY
CONSENT ORDER
The Matter coming up for hearing of the main claim today 2. 12. 2020 before Hon. B. Kimemia- Chairperson, Hon. F. Terer- Deputy Chairman and B. Akusala – Member. Uponhearing submissions by the parties,
IT IS HEREBY ORDERED:
a.THAT:the election of Mr. Michael Ngundo Kawinzi to the Management Committee of the Respondent be and is hereby suspended;
b.THAT:the Respondent to conduct a fresh election to fill the position of the suspended Management Committee Member Mr. Michael Ngundo Kawinzi in its next Annual General Meeting in accordance with the Provision of it’s By-Laws and the Co-operative Societies Act;
c.THAT:the issue of leasing the suit properties/land to be referred back to members;
d.THAT:by Consent the claim herein is hereby marked as settled; and
e.THAT:the Interim Orders made on 9th July, 2020 be and are hereby discharged.
GIVEN UNDER MY HAND AND THE SEAL OF THIS HONOURABLE TRIBUNAL THIS 2ND DAY OF DECEMBER, 2020.
ISSUED AT NAIROBI THIS ............................DAY OF .....................................................2020.
HON. F. TERER DEPUTY CHAIRMAN
CO-OPERATIVE TRIBUNAL