[2025] KECPT 259 (KLR)

[2025] KECPT 259 (KLR)

The Tribunal determined that it lacked jurisdiction to hear the matter because Leseru Tebeson Farmers Society is not registered under the Cooperative Societies Act, Cap. 490, but under Cap 108 Laws of Kenya. The Tribunal relied on documentary evidence, specifically a letter from the Assistant Registrar of Societies, confirming the society's registration status. As jurisdiction is a threshold issue, the Tribunal could not proceed to consider the merits of the application or the claim. The Tribunal emphasized that any proceedings conducted without jurisdiction are null and void, and it must immediately down its tools. Consequently, both the Statement of Claim and the Notice of Motion were...

Citation
[2025] KECPT 259 (KLR)
Parties
Applicant: John Michael Wanjao; Respondent: Wilson Too; Respondent: Leseru Tebeson Farmers society; Respondent: Dr Charles Walekhwa; Respondent: Kiberen Kisorio; Respondent: Fred Kiryongi Tororei; Respondent: Stephen Kiprono Meli; Respondent: Miriam Kubai
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 687/E022 of 2022
Procedural Posture
Tribunal Application / Ruling on Preliminary Objection and Notice of Motion
Outcome
Claim and application dismissed for want of jurisdiction.
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Jurisdiction of Tribunal, Registration of Societies, Cooperative Societies Act, Preliminary Objection, Stay of Proceedings
Source Language
English
Civil Procedure Jurisdiction of Tribunal Registration of Societies Cooperative Societies Act Preliminary Objection Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

John Michael Wanjao

Applicant

Wilson Too

Respondent

Leseru Tebeson Farmers society

Respondent

Dr Charles Walekhwa

Respondent

Kiberen Kisorio

Respondent

Fred Kiryongi Tororei

Respondent

Stephen Kiprono Meli

Respondent

Miriam Kubai

Respondent

Procedural Posture

Tribunal Application / Ruling on Preliminary Objection and Notice of Motion

Legal Issues

  1. 1 Whether the Cooperative Tribunal has jurisdiction over disputes involving Leseru Tebeson Farmers Society.
  2. 2 Whether Leseru Tebeson Farmers Society is registered under the Cooperative Societies Act or Societies Act.
  3. 3 Whether the pending ELC Petition No. 7 of 2020 affects the Tribunal's ability to proceed.

Ratio Decidendi

The Tribunal determined that it lacked jurisdiction to hear the matter because Leseru Tebeson Farmers Society is not registered under the Cooperative Societies Act, Cap. 490, but under Cap 108 Laws of Kenya. The Tribunal relied on documentary evidence, specifically a letter from the Assistant Registrar of Societies, confirming the society's registration status. As jurisdiction is a threshold issue, the Tribunal could not proceed to consider the merits of the application or the claim. The Tribunal emphasized that any proceedings conducted without jurisdiction are null and void, and it must immediately down its tools. Consequently, both the Statement of Claim and the Notice of Motion were...

Court Disposition

Claim and application dismissed for want of jurisdiction.

Orders

  • The Statement of Claim dated 19th August, 2022 is dismissed for want of jurisdiction.
  • The Notice of Motion dated 15th August, 2022 is dismissed for want of jurisdiction.