Kikuyu Dairy Farmers Cooperative Society Limited v David Kiangonyo Kungu & another [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
April 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kikuyu Dairy Farmers Cooperative Society Limited v David Kiangonyo Kungu & another [2020] eKLR case summary, highlighting key legal findings and implications for cooperatives and farmers in Kenya.

Case Brief: Kikuyu Dairy Farmers Cooperative Society Limited v David Kiangonyo Kungu & another [2020] eKLR

1. Case Information:
- Name of the Case: Kikuyu Dairy Farmers Cooperative Society Limited v. David Kiangonyo Kungu & Simon Kamau Njane
- Case Number: Tribunal Case No. 398 of 2019
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: April 9, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal issues for determination include whether the Respondents can be restrained from convening meetings and making decisions regarding the Kikuyu Dairy Farmers Cooperative Society without proper authorization from the Board, and whether the 1st Respondent was unlawfully removed from his position as Chairperson.

3. Facts of the Case:
The Claimant, Kikuyu Dairy Farmers Cooperative Society Limited, initiated an application seeking a temporary injunction against the Respondents, David Kiangonyo Kungu and Simon Kamau Njane. The Claimant alleged that the Respondents intended to hold an unauthorized meeting on July 18, 2019, concerning property registered in the Claimant's name, specifically Title No. Dagoretti/Thogoto/No. 4084. The Claimant asserted that the meeting was not sanctioned by its Board. The 1st Respondent claimed he was still the Chairperson, having been wrongfully ousted during a meeting on February 23, 2016, which he contended was irregular.

4. Procedural History:
The Claimant filed an application on July 17, 2019, supported by an affidavit. The Respondents did not file a formal response but submitted written submissions on February 7, 2020. The tribunal noted that there had been previous court interventions, including a court order on April 11, 2019, which had stopped an earlier attempt by the 1st Respondent to convene a meeting.

5. Analysis:
- Rules: The court considered the relevant cooperative laws and the by-laws of the Kikuyu Dairy Farmers Cooperative Society, which govern the conduct of meetings and the election of officials.
- Case Law: The tribunal reviewed a prior judgment (CTC.No.579/16) involving the 1st Respondent seeking reinstatement as Chairperson, which was dismissed. This case established that the 1st Respondent had been lawfully removed from his position, thereby affecting his claims in the current proceedings.
- Application: The tribunal concluded that the Claimant’s management was being interfered with by the Respondents. Given the absence of a lawful claim to convene meetings or act on behalf of the Claimant, the tribunal found merit in the Claimant's application for an injunction against the Respondents.

6. Conclusion:
The tribunal ruled in favor of the Claimant by maintaining the current leadership status of the Kikuyu Dairy Farmers Cooperative Society. It directed that any future meetings convened by the Respondents must comply with the Cooperative's by-laws and the directives from the Commissioner of Co-operatives. The ruling emphasized the importance of adhering to proper procedures in cooperative governance.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Kikuyu Dairy Farmers Cooperative Society Limited successfully obtained a temporary injunction against the Respondents, preventing them from conducting unauthorized meetings and making decisions regarding the society's affairs. This case underscores the significance of adhering to cooperative governance laws and procedures, particularly in the context of leadership disputes and the management of cooperative societies in Kenya.

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