Waweru Richu v Commissioner of Co-Operatives;Bila Jasho Hupati Sacco Limited (Bila Jasho Hupati Sacco Limited) [2020]eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. Terer (Deputy Chairman), P. Swanya (Member)
Judgment Date
February 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Waweru Richu v Commissioner of Co-Operatives; Bila Jasho Hupati Sacco Limited [2020] eKLR case summary. Discover key legal insights and implications of this decision.

Case Brief: Waweru Richu v Commissioner of Co-Operatives;Bila Jasho Hupati Sacco Limited (Bila Jasho Hupati Sacco Limited) [2020]eKLR

1. Case Information:
- Name of the Case: Waweru Richu v. Hon. Commissioner of Co-operatives
- Case Number: Tribunal Appeal No. 2 of 2016
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: February 27, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. Terer (Deputy Chairman), P. Swanya (Member)
- Country: Kenya

2. Questions Presented:
The court must resolve two central legal issues:
(a) Whether the appeal has been lodged in compliance with the mandatory provisions outlined in the Co-operative Societies (Practice and Procedures) Rules 2009.
(b) Whether the appellant has established a sufficient basis to warrant the tribunal's approval of the appeal.

3. Facts of the Case:
The appellant, Waweru Richu, contested a surcharge order issued by the Hon. Commissioner for Co-operatives Development. The surcharge was based on an inquiry report that the appellant claimed was flawed, containing contradictions and inaccuracies regarding unauthorized payments and the management of the SACCO (Savings and Credit Cooperative Organization). The interested party in the case was Bila Jasho Hupati SACCO Limited. The appellant argued that he did not operate the SACCO in isolation and that all transactions were authorized by the management committee.

4. Procedural History:
The case began with the appellant filing a memorandum of appeal on April 13, 2016, citing numerous grounds for his appeal against the surcharge. A preliminary objection was raised but dismissed on February 10, 2017, affirming the tribunal's jurisdiction. An application to join the interested party was allowed on January 8, 2019. The tribunal later directed the parties to submit written submissions; however, the respondent and interested party failed to do so.

5. Analysis:
- Rules: The tribunal considered the Co-operative Societies Act (Cap 490), particularly sections 58, 73, and 74, which outline the procedures for conducting inquiries and issuing surcharge orders. The rules mandate that an appeal must include specific documents, including minutes from the General Meeting.
- Case Law: The court referenced the case of Angela Mwai & 3 Others v. Commissioner For Co-operative Development, which focused on the procedural aspects of administrative actions rather than the merits of the decision. This case underscored the necessity of following proper procedures in administrative decisions.
- Application: The tribunal found that the appellant failed to provide the required minutes from the General Meeting and did not show cause against the surcharge within the stipulated 14 days. The inquiry report was deemed comprehensive and valid, and the tribunal determined that the appellant had ample opportunity to defend himself but did not take advantage of it.

6. Conclusion:
The tribunal ruled that the appeal lacked merit, affirming the Hon. Commissioner's surcharge order. The decision highlighted the importance of adhering to procedural requirements in administrative processes and reinforced the validity of duly conducted inquiries as a basis for surcharge orders.

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

8. Summary:
The tribunal dismissed Waweru Richu's appeal against the surcharge imposed by the Hon. Commissioner for Co-operatives Development, emphasizing that the appellant did not comply with procedural requirements nor adequately challenge the findings of the inquiry. The ruling underscores the significance of detailed record-keeping and compliance with statutory obligations in cooperative management.

Document Summary

Below is the summary preview of this document.

  • Waweru-Richu-v-Commissioner-of-Co-Operatives-Bila-Jasho-Hupati-Sacco-Limited-Bila-Jasho-Hupati-Sacco-Limited-[2020]eKLR-Case-Summary_1792_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries