Kenya Case Law

Epoloto & 3 others (Suing on behalf of the members of Kenya Police Sacco) v Ruaraka Housing Estate Ltd & 2 others

Epoloto & 3 others (Suing on behalf of the members of Kenya Police Sacco) v Ruaraka Housing Estate Ltd & 2 others [2025] KEELC 5159 (KLR)

Court

Environment and Land Court

Case number

Land Case E053 of 2025

Judge

CG Mbogo

Preliminary objection in a land dispute over alleged fraudulent property transfers and ELC jurisdiction was dismissed because limitation and jurisdiction issues required evidence.

• Limitation Of Actions
• Jurisdiction Of Environment And Land Court
• Fraudulent Land Transfer
• Company Directorship Disputes
• Cooperative Societies Disputes
• Preliminary-objection

Waiganjo v Thiriku Coffee Growers Co-operative Society Limited & 2 others

Waiganjo v Thiriku Coffee Growers Co-operative Society Limited & 2 others [2025] KECPT 372 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case E016.859 of 2023

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal allowed applications to set aside summary judgment and stay execution, finding disputed service issues and granting the respondents leave to defend.

• Service Of Process
• Setting Aside Judgment
• Stay Of Execution
• Cooperative Societies Disputes
• Service-of-process
• Setting-aside-judgment

Mugo v Chania Kibwezi Travellers Sacco

Mugo v Chania Kibwezi Travellers Sacco [2025] KECPT 380 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 315 of 2020

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal ordered release of one vehicle held by a Sacco, declined to restructure a loan, rejected an unsupported loss claim, and dismissed the counterclaim.

• Cooperative Societies Disputes
• Loan Default
• Vehicle Security Interest
• Expulsion From Society
• Cooperative-societies-disputes
• Loan-default

Republic v Cooperative Tribunal; Borop Multipurpose Co-operative Society Limited & 2 others (Interested Parties); iongok & 10 others (Ex parte Applicants)

Republic v Cooperative Tribunal; Borop Multipurpose Co-operative Society Limited & 2 others (Interested Parties); iongok & 10 others (Ex parte Applicants) [2025] KEHC 10305 (KLR)

Court

High Court

Case number

Judicial Review Application E010 of 2024

Judge

SM Mohochi

The court found that the application for judicial review was filed within the statutory six-month period, but was fundamentally defective for lack of evidentiary support, as the applicants failed to file a proper verifying affidavit and supporting documents with the substantive motion. The court held that reliance on affidavits and statements filed at the leave stage was insufficient, as those pleadings were spent and not part of the substantive application. The court further determined that the applicants failed to demonstrate any illegality, irrationality, or procedural impropriety in the T…

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• Judicial Review
• Cooperative Societies Disputes
• Land Title Cancellation
• Jurisdiction Of Tribunals
• Abuse Of Process
• Limitation Periods

Maina v Aranga & another

Maina v Aranga & another [2025] KECPT 348 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 1082.E207 of 2023

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal dismissed a motion to strike out a claim for want of prosecution, finding the one-year delay was excusable because of registry system problems.

• Dismissal For Want Of Prosecution
• Delay In Prosecution
• Cooperative Societies Disputes
• Tribunal Practice And Procedure
• Dismissal-for-want-of-prosecution
• Delay-in-prosecution

Mweni v Kerubo

Mweni v Kerubo [2025] KECPT 353 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 183/ E283 of 2024

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal dismissed a preliminary objection and held that a guarantor-recovery dispute involving a SACCO loan falls within its jurisdiction under the Co-operative Societies Act.

• Cooperative Societies Disputes
• Jurisdiction Of Tribunal
• Guarantor Liability
• Loan Default Recovery
• Cooperative-societies-disputes
• Tribunal-jurisdiction

Maraga v Commissioner of Co-operative Development & another

Maraga v Commissioner of Co-operative Development & another [2025] KEHC 8623 (KLR)

Court

High Court

Case number

Civil Case E003 of 2022

Judge

WA Okwany

The High Court lacks jurisdiction to hear disputes concerning the business of a co-operative society as a court of first instance where the Co-operative Societies Act provides for a specialized Tribunal to resolve such disputes. The doctrine of exhaustion requires parties to first seek redress through the Tribunal before approaching the High Court. Furthermore, the plaintiff failed to establish locus standi, as he did not provide sufficient evidence of his membership or position within the society. The absence of the co-operative society as a party further undermined the suit. Consequently, t…

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• Jurisdiction Of High Court
• Locus Standi
• Cooperative Societies Disputes
• Exhaustion Of Alternative Remedies

Muranguri v St. Mary’s Transport Sacco Limited

Muranguri v St. Mary’s Transport Sacco Limited [2025] KECPT 311 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 419 of 2020

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal set aside a default judgment after finding the respondent raised triable issues over service, guarantor obligations, and a disputed Sacco bus claim.

• Setting Aside Default Judgment
• Cooperative Societies Disputes
• Guarantor Liability
• Withdrawal Of Savings
• Setting-aside-default-judgment
• Cooperative-societies-disputes

Magondu v Fortune Sacco Ltd

Magondu v Fortune Sacco Ltd [2025] KEHC 7747 (KLR)

Court

High Court

Case number

Civil Appeal E017 of 2023

Judge

JK Ng'arng'ar

The court found that the dispute between the appellant and the respondent, being a co-operative society matter, fell squarely within the jurisdiction of the Co-operatives Tribunal as provided under section 76 of the Co-operatives and Societies Act. The appellant failed to exhaust the statutory dispute resolution mechanisms before approaching the court, contrary to the exhaustion doctrine, which requires parties to utilize alternative remedies before seeking judicial intervention. The preliminary objection raised by the respondent was upheld, and the court concluded that the lower court's ruli…

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• Preliminary Objection
• Jurisdiction
• Exhaustion Of Statutory Remedies
• Cooperative Societies Disputes

Mugailwa & 2 others v Mwalimu National Savings & Credit Cooperative Society & another

Mugailwa & 2 others v Mwalimu National Savings & Credit Cooperative Society & another [2025] KECPT 303 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 415 of 2017

Judges

BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol

The Cooperative Tribunal varied an earlier judgment and ordered the 1st Respondent to file account statements and a tabulation of loan deductions within 14 days.

• Cooperative Societies Disputes
• Loan Deductions
• Variation Of Orders
• Cooperative-societies-disputes
• Loan-deductions
• Variation-of-orders