JOHN GITHINJI WANGONDU KARIUKI KIBOI vs OTHAYA FARMERS CO-OPERATIVE SOCIETY LIMITED THE COMMISSIONER OF CO-OPERATIVE DEVELOPMENTS [1999] KECA 120 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed it cannot hear appeals in co-operative disputes: the Co-operative Societies Act ends appeals at the High Court.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court of Appeal has jurisdiction to entertain an appeal arising from a dispute under the Co-operative Societies Act (Cap 490)
Key legal issues
#Whether the appeal was competent under the Co-operative Societies Act
The appeal was incompetent because the Act provides no right of appeal from the High Court to the Court of Appeal in disputes under Cap 490.
The dispute fell squarely under the Co-operative Societies Act, which channels disputes to the Commissioner of Co-operatives, with appeals lying to the High Court only. The High Court therefore exercises only appellate jurisdiction in such matters and there is no provision for original suits under Cap 490. Section 81(1) and (2) expressly excludes any further appeal to the Court of Appeal, rendering the present appeal incompetent.
Legal principles established
#- Disputes under the Co-operative Societies Act are settled through the Commissioner, whose decisions are appealable to the High Court, and there is no further appeal to the Court of Appeal; suits cannot be instituted in the High Court under Cap 490.
Court orders
#- 1.The appeal is struck out as incompetent
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nyeri
- H.C.C.S. No. 511 of 1997
- Jurisdiction invoked
- No right of appeal under section 81(1) and (2) of the Co-operative Societies Act (Cap 490); the appeal was struck out as incompetent
Relief refused
#Continuation of the appeal
The Co-operative Societies Act provides no further right of appeal from the High Court to the Court of Appeal
Costs
No order as to costs - each party to bear their own costs thereof
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
There is no further right of appeal from the decision of the High Court to this Court. That is what section 81 (1) and (2) of Cap 490 says.
This appeal is accordingly incompetent and we order that it be and is hereby struck out but we make no order as to the costs thereof.
Issues in the judgment
#The coram line names Kwach, Omolo & Tunoi, JJ.A., but the judgment is signed by R. O. Kwach, R. S. C. Omolo and A. A. Lakha; Tunoi does not sign and Lakha is not in the coram.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JOHN GITHINJI WANGONDU KARIUKI KIBOI vs OTHAYA FARMERS CO-OPERATIVE SOCIETY LIMITED THE COMMISSIONER OF CO-OPERATIVE DEVELOPMENTS [1999] KECA 120 (KLR)", Case Analysis (1999). Civil Appeal No. 261 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/120/eng@1999-04-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.