Richard Olendo & 2 others v Commissioner for Co-operative Development, Ministry of Industry, Trade & 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
2
Explore the case summary of Richard Olendo & 2 others v Commissioner for Co-operative Development, Ministry of Industry, Trade & another [2020] eKLR. Understand the key legal insights and implications of this important judgment.

Case Brief: Richard Olendo & 2 others v Commissioner for Co-operative Development, Ministry of Industry, Trade & another [2020] eKLR


1. Case Information:
- Name of the Case: Richard Olendo & Others v. Commissioner for Co-operative Development, Ministry of Industry, Trade & Cooperatives
- Case Number: Tribunal Appeal No. 2 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 issue in this case is whether Maseno University Sacco Society Limited should be enjoined as a party in the appeal concerning the surcharge order issued by the Commissioner for Co-operative Development against the appellants, who were members of the Sacco.

3. Facts of the Case:
The appellants, Richard Olendo, Dr. Constantine Wasonga, and Loi Muhunja Kirui, are members of the Maseno University Sacco Society Limited. They appealed against a surcharge order resulting from an inquiry conducted by the Commissioner for Co-operative Development, the first respondent. The proposed second respondent, Maseno University Sacco Society Limited, sought to be included in the proceedings, claiming they held crucial records relevant to the inquiry and that their involvement was necessary for a complete adjudication of the matter.

4. Procedural History:
The application for enjoining the Maseno University Sacco Society Limited was filed on June 28, 2019. The appellants opposed the application, arguing that the Sacco lacked locus standi and that there were other pending suits related to the matter. The tribunal reviewed the application and the written submissions from both parties, leading to a ruling on April 9, 2020.

5. Analysis:
- Rules: The court considered the provisions of Order 1 Rule 10(2) of the Civil Procedure Rules, which allows for the enjoining of parties necessary for the adjudication of the matter. Additionally, the Co-operative Societies Act, specifically section 58, was relevant as it mandates inquiries into the affairs of a co-operative society and the reporting of findings.
- Case Law: The tribunal referenced previous cases that emphasized the necessity of involving relevant parties in proceedings that affect their interests. The court noted that the inquiry by the Commissioner was conducted on behalf of the Sacco, thus making the Sacco a necessary party in any appeal concerning the inquiry's outcomes.
- Application: The tribunal applied the rules and case law to the facts by recognizing that the inquiry's findings directly impacted the members of the Sacco. The court reasoned that excluding the Sacco from the proceedings could lead to prejudice against its members, thereby justifying the enjoining of the Sacco as a party to the appeal.

6. Conclusion:
The court ruled in favor of the application, allowing Maseno University Sacco Society Limited to be enjoined as the second respondent. The tribunal determined that the Sacco's participation was essential for a fair resolution of the issues at hand, recognizing the implications of the surcharge order on its members.

7. Dissent:
There is no dissenting opinion noted in the tribunal's ruling.

8. Summary:
The Co-operative Tribunal at Nairobi ruled to enjoin Maseno University Sacco Society Limited as a party to the appeal concerning a surcharge order against its members. This decision underscores the importance of involving relevant stakeholders in legal proceedings that affect their rights and responsibilities, ensuring that the interests of all parties are adequately represented and considered in the adjudication process. The ruling reflects the tribunal's commitment to fair legal practices within the context of cooperative governance.

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