Nanyuki Equator Sacco Co-operative Society Ltd v Nyeri Sacco Society & another [2013] KECA 268 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed the Co-operative Tribunal's Chairman can hear interim applications alongside other members, restoring a dispute between two SACCOs for a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether Section 80(4) of the Co-operative Societies Act mandates the Chairman to sit alone when hearing interlocutory applications
The provision is not mandatory as to composition; the Chairman may sit with qualified members provided he or his deputy presides
Section 80(4) confers jurisdiction on the Chairman acting alone, but the normal quorum of the Tribunal under Section 80(1) is the Chairman plus two members, and the Chairman may sit with one member or alone. Reading the provisions together, the Chairman sitting alone acts on behalf of the full quorum, so the presence of qualified members when he presides over an interlocutory application cannot be objectionable.
Whether the High Court judge erred in quashing the Tribunal's ruling of 8th August 2003
Yes; since the Chairman's composition was permissible, the order of certiorari was made in error
The learned judge held that Section 80(4) was mandatory and that by sitting with two members the Chairman exceeded his jurisdiction. This court disagreed, concluding the composition was lawful, and therefore the quashing of the proceedings, ruling and order could not stand.
Whether the order of prohibition restraining the Chairman from continuing with the hearing was properly granted
No; the prohibition was broader than the question before the judge and effectively determined the dispute before hearing on merit
The question before the High Court concerned only the hearing of the Notice of Motion for restraining orders, not the Statement of Claim itself. Prohibiting the Chairman from continuing with the hearing of the entire dispute had the effect of finally determining it at an interlocutory stage, which was impermissible.
Legal principles established
#- Section 80(4) of the Co-operative Societies Act does not require the Chairman of the Tribunal to sit alone when hearing interlocutory applications; so long as the Chairman or his deputy presides, the presence of other qualified members is permissible and does not vitiate the proceedings
- The Chairman hearing an interlocutory application alone does so on behalf of the full quorum of the Tribunal
- The only impermissible compositions are where a member other than the Deputy Chairman hears an interlocutory application, or where the Chairman or his deputy is flanked by non-members of the Tribunal
- A court should not issue an order of prohibition that determines a dispute before it is heard on merit
Court orders
#- 1.Appeal allowed
- 2.Orders of the High Court issued on 22nd February 2005 in Nbi. H.C.C.C. Misc. Application No. 886 of 2003 set aside
- 3.Costs to the appellant
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. Misc. Appl. No. 886 of 2003
- Jurisdiction invoked
- First appeal from the High Court in a judicial review matter (certiorari and prohibition) arising under Section 80 of the Co-operative Societies Act, 1997
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nanyuki Equator Sacco Co-operative Society Ltd v Nyeri Sacco Society & another [2013] KECA 268 (KLR)", Case Analysis (2013). Civil Appeal No. 197 of 2005. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2013/268/eng@2013-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.