[2023] KECPT 842 (KLR)

Wanyonyi v Menu Farmers Cooperative Society (Tribunal Case 545 of 2019) [2023] KECPT 842 (KLR) (Nairobi) (31 August 2023) (Judgment)

Neutral citation: [2023] KECPT 842 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Nairobi

Tribunal Case 545 of 2019

BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

August 31, 2023

Between

Michael Wafula Wanyonyi

Claimant

and

Menu Farmers Cooperative Society

Respondent

Judgment

Claimant Case 1. The claim is contained in the Claimant’s Statement of Claim dated 24. 9.2019. The Claimant states that he was suspended on 4. 2.2015 and not given an opportunity to defend himself in the subsequent General Meeting as enshrines in the Respondent’s by laws.

2. The Claimant also states that the Respondent supported the Chief Executive Officer in malpractices in the Cooperatives Society regarding Kshs. 3,900,000/= stated loan.

3. He avers that he was suspended for three years without the Respondent setting a hearing date. He avers that the Respondent frustrated his appeal to the general meeting.

4. He states that he has suffered great loss since he cannot process his coffee with the Cooperative processing facility.

5. Arising from the above, the Claimant prays for a judgment against the Respondent for:a)That the suspension of the Claimant be Lifted.b)That the Respondent do compensate the Claimant in General Damages for loss of the crop and membership rightsc)Cost of the Claimd)Any other relief this Honorable court deems fit to grant.

Respondent’s Case 6. The Respondent through their Written Statement of Defence dated 27. 12. 2019, states that:i.The Claimant is a member of the Respondent MNO .1073ii.The Claimant was suspended by the Respondent membership.iii.The Claimant will await the outcome of the court process before disciplinary proceedings are commenced.iv.There was no evidence that the Chief Executive Officer of the Respondent was involved in the affected loss of stated loan of Ksh 3,900,000/= to the Respondent.v.The Claimant could not have been heard in the subsequent year 2017 because of the pending matter in court.vi.The Claimant is a member of another Coffee Cooperative Society namely Kiambole Coffee Farmers’ Cooperative Society LTD MNO 2451. vii.The Claimant is also processing his coffee with the Respondent under his mother’s account Petronila Naliaka Wanyonyi MNO 346 .viii..The Respondent denies that the Claimant coffee is going to wasteix.. Denies that Claimant served intention to sue or Demand Notice.

Findings. 7. From the Statement of Claim, Respondent’s &written Statement of Defence, Claimant’s Statement and the Respondent’s Written Submissions and the evidence of both Claimant and Respondent.

8. We observe the following:a.The Respondent action to suspend the Claimant may have been legitimate but the procedure of redress process was not availed to the Claimant.b.The Claimant was denied to Appeal to the General Meeting by the Respondent citing the matter in the court.c.There is no proof in the court file showing that the Claimant has appealed in writing to the members of the Respondent.d.The Claimant has not attended the Respondent General Meeting from the years 2015/2016, 2016/2017. e.The Claimant acknowledged the suspension letter dated 4/12/2015 on 24/9/2016. f.The Respondent alleges that the Claimant has not appealed the suspension to the Cooperative Society.g.Respondent Annual General Meeting of 6. 1.2017 refused to lift the suspension again citing that the matter is in court.

Conclusion. 9. Having considered the pleadings of both parties and Written Submissions The issue for determination is whether the Claimant suspension was legal and whether the Claimant claim for compensation in several damages for loss of crops and membership right is considered.

10. We thus find in favor of the Claimant against the Respondent for:a)That the suspension of the Claimant is Lifted.b)That the Respondent do compensate the Claimant in General Damages for loss of the crop and membership rights fails for lack of evidence.c.plus costs and interests to the claimant.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 31. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 31. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 31. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 31. 8.2023HON. PAUL AOL MEMBER SIGNED 31. 8.2023Tribunal Clerk JemimahJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023