Stanley Misigo Maunda v Yuya Farmers Co-operative Society Ltd [2018] KEELC 564 (KLR)
The bottom line
#Kenya's Environment and Land Court, not the Co-operatives Tribunal, hears disputes where a society member claims they received less land than they paid for.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC versus the Co-operatives Tribunal under Section 76 of the Co-operative Societies Act
The preliminary objection fails; the dispute is a land dispute within the ELC's jurisdiction, not one confined to the society's internal business.
The court examined the pleadings and found the plaintiff's claim was for 0.9 of an acre allegedly short-delivered on his 1.8-acre share. It distinguished the defendant's authorities: the Gerald Wambua Makau decision pre-dated the 2010 Constitution, and Bernard Mugo concerned disciplinary action against a member. It followed its own earlier decision in Dismas Namiti, holding that the cases cited did not justify departure.
Weight of precedents relied on by the defendant
Both key defence authorities were distinguished or discounted.
Gerald Wambua Makau was decided in 2003 before the Constitution of Kenya 2010 came into force and so has no force in the current dispensation. Bernard Mugo, though post-2010, dealt with disciplinary action against a member, which is not the case here, and was therefore irrelevant.
Legal principles established
#- Where the real dispute between a co-operative society and a member concerns entitlement to a parcel or size of land, the ELC has jurisdiction under Article 162(2)(b); Section 76 of the Co-operative Societies Act does not oust it.
- Pre-2010 decisions on co-operative society disputes have no force in the current constitutional dispensation.
Court orders
#- 1.The preliminary objection dated 23/4/2018 is dismissed
- 2.Costs of the preliminary objection to the plaintiff
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution, Section 150 of the Land Act 2012 and Section 13(2) of the Environment and Land Court Act 2011
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Michael Nyongesa v Steven Odero [2018] KEELC 637 (KLR)[2018] KEELC 637 (KLR)29 Nov 2018
Cite this brief
#Cite this brief
Caselaw, "Stanley Misigo Maunda v Yuya Farmers Co-operative Society Ltd [2018] KEELC 564 (KLR)", Case Analysis (2018). Kitale ELC (case number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/564/eng@2018-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.