Samuel Marak & 6 others v Nyabomite Farmers Co-operative Society Ltd & 4 others [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 Samuel Marak & 6 others v Nyabomite Farmers Co-operative Society Ltd & 4 others [2020] eKLR, detailing key legal arguments and outcomes that shape cooperative society disputes in Kenya. Perfect for legal professionals and students.

Case Brief: Samuel Marak & 6 others v Nyabomite Farmers Co-operative Society Ltd & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Samuel Marak & Others v. Nyabomite Farmers Co-operative Society Ltd & 4 Others
- Case Number: Tribunal Case No. 328 of 2019
- Court: Cooperative 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 before the court included whether the Claimants should be barred from holding a meeting scheduled for June 25, 2019, and whether the Tribunal should allow the Respondents to convene a Special General Meeting to approve the financial budget of the 1st Respondent.

3. Facts of the Case:
The Claimants, consisting of seven individuals, were former officials of the Nyabomite Farmers Co-operative Society Ltd. They contended that they were legally recognized officials based on a court order and sought to prevent the Respondents from holding a scheduled meeting, arguing that they would suffer irreparable harm if the meeting proceeded. The Respondents, on the other hand, claimed that they were duly elected officials and that the Claimants had been surcharged by the Commissioner of Co-operatives, which led to their removal from office.

4. Procedural History:
The case progressed through the Tribunal with multiple applications filed by both parties. The Claimants filed their initial application on June 18, 2019, seeking to bar the Respondents from holding a meeting. The Respondents responded with their application on July 1, 2019, requesting to set aside previous orders and convene a meeting. The Tribunal reviewed written submissions from both parties, with the Claimants submitting additional documents in January 2020.

5. Analysis:
- Rules: The Tribunal considered relevant statutes regarding co-operative societies and the authority of the Commissioner of Co-operatives in conducting inquiries and making determinations regarding the management of such societies.
- Case Law: Previous court orders from the High Court at Nyamira were reviewed, which included a restraining order preventing the Respondents from removing the Claimants from the management committee and a subsequent referral of the matter to the Tribunal.
- Application: The Tribunal concluded that the Claimants did not adequately rebut the Respondents' claims about the inquiry and subsequent election, leading to the determination that the current officials should remain in office pending the main claim's resolution. The Tribunal also noted the broader context of the COVID-19 pandemic and its impact on operations.

6. Conclusion:
The Tribunal disallowed the Claimants' application dated June 18, 2019, allowing the officials elected on October 11, 2018, to continue in their roles until the main claim is resolved. The Respondents' application and the Claimants' subsequent application were deemed spent.

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

8. Summary:
The Tribunal ruled in favor of the Respondents, allowing them to continue their roles as officials of the Nyabomite Farmers Co-operative Society. The decision emphasized the importance of the inquiry conducted by the Commissioner of Co-operatives and the need for stability in the society's management during the ongoing pandemic. This case highlights the complexities involved in co-operative governance and the balance between legal authority and operational continuity.

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