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Kenya decisions
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Shete v Commissioner for Cooperative Development [2025] KECPT 382 (KLR)
The Cooperative Tribunal struck out an appeal as premature because no surcharge order had been issued, and upheld a preliminary objection on jurisdiction.
Republic v Commissioner of Cooperative Development & another; Mwangi & 17 others (Interested Party); Njau & 3 others (Exparte Applicant) [2025] KEHC 6609 (KLR)
The High Court struck out a judicial review motion over a SACCO inquiry, holding that the applicants had not first exhausted the statutory appeal process under the Co-operative Societies Act.
Gituhu v Orient Sacco Society Limited; Commissioner for Cooperatives (Interested Party) [2024] KECPT 934 (KLR)
The Cooperative Tribunal dismissed an application to summon inquiry-report makers for cross-examination, finding the appellant had already had an opportunity to respond.
Republic v Commissioner for Co-operative Development, Assistant Director Of Co-operative Audit, Principal Co-Operative Officer (Nairobi) & Attorney General Ex- Parte Kennedy Masese Omwancha, Ernest Ombogo Monyenye, Elizabeth Bosibori Mochache, Edward Manyega Miroro, Okongo Masanta, Lymdon Omwancha Gikenyi, Jason Ratemo Cheya & Charles Ontobo Omwando [2021] KEHC 3485 (KLR)
The court found that the inquiry into the affairs of Mobamba Farmers’ Co-operative Society was lawfully initiated and conducted under Section 58 of the Co-operative Societies Act. The ex-parte applicants were not denied procedural fairness, as they were served with a Notice of Intention to Surcharge and invited to respond to the allegations before any surcharge order could be issued. The recommendations in the inquiry report were not conclusive, and the applicants had an opportunity to defend themselves. The court held that the right to appeal would only arise upon issuance of a formal surcha…
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Richard Olendo, Constantine Wasonga & Loi Muhunja Kirui v Commissioner for Co-Operative Development, Ministry of Industry Trade & Co-Operative & Maseno University Sacco Society Limited [2021] KECPT 456 (KLR)
The Tribunal held that its jurisdiction under Section 74(1) of the Co-operative Societies Act is strictly limited to reviewing the procedure leading to the issuance of a surcharge order by the Commissioner, not the merits, fairness, or accuracy of the underlying inquiry report. The Tribunal found that the Commissioner acted within statutory powers, followed the prescribed procedure, and afforded the Appellants an opportunity to be heard. Any challenge to the substance or fairness of the Commissioner's administrative actions, including alleged violations of natural justice or constitutional ri…
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Felix Otande v Commissioner for Co-Operative Development & Busia County Assembly Sacco Society Limited [2021] KECPT 572 (KLR)
The Tribunal found that the Busia County Assembly Sacco Society Limited was a registered co-operative society as evidenced by the Certificate of Registration, and thus the Commissioner for Co-operative Development had the mandate to conduct an inquiry and issue a surcharge order. The Tribunal held that the appellant was afforded opportunities to be heard, including attendance at the Special General Meeting where the Inquiry Report was presented and the issuance of a notice of intention to surcharge. The Tribunal further determined that its jurisdiction is only triggered by the issuance of a s…
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Richard Olendo, Constantine Wasonga & Loi Muhunja Kirui v Commissioner For Co-operative Development, Ministry of Industry, Trade & Co-operatives & Maseno University Sacco Society Limited [2020] KECPT 92 (KLR)
The Tribunal allowed Maseno University Sacco Society Limited to be joined as a respondent, finding it a necessary party in an appeal arising from a co-operative society surcharge inquiry.
Republic v Chairman, Co-operative Tribunal & Commissioner for Co-operative Development; Rago Abdurehman & Regina Kagwiria (Interested Parties); Ex Parte Hassan Halo [2019] KEHC 7474 (KLR)
The High Court dismissed a judicial review challenge to a cooperative inquiry, holding that the Commissioner acted within statutory powers and the applicant had notice and an opportunity to respond.
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