Ufundi Savings & Credit Co-operative Society Limited v Francis Gitari Ndirangu & 299 others; Alex G. Marete & 121 others (Interested Parties) [2020] KEELC 605 (KLR)
The bottom line
#A Kenyan court ruled that an appeal from a Cooperative Tribunal is important enough to be decided by several judges, not just one.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal raises a substantial question of law warranting a bench of uneven number of judges under Section 21 of the Environment and Land Court Act
Although no statute mandates a bench, weighty issues emerged at the Tribunal raising substantial questions of law, and competing interests among joined parties made disposal by a bench in the interest of justice.
The court noted that Section 21(1) prescribes a single judge but subsection (2) permits certification of matters raising substantial questions of law under Article 165(3)(b) or (c) or concerning environment and land impact, to be heard by an uneven number of judges determined by the Chief Justice. Weighty issues emerged at the Tribunal and more parties with competing interests had been enjoined, justifying referral to the Chief Justice for constitution of a bench.
The judge's possible conflict of interest regarding the 3rd interested party
The judge disclosed acquaintance with members of the 3rd interested party and requested to be excused from the intended bench.
The judge voluntary disclosed a personal connection with members of the 3rd interested party and sought to be excluded from any bench the Chief Justice might constitute, in the interest of impartiality.
Legal principles established
#- Neither the Environment and Land Court Act nor the Cooperative Societies Act mandates that appeals from the Cooperative Tribunal be heard by a bench; a bench may nonetheless be constituted where substantial questions of law arise under Section 21 of the Environment and Land Court Act, at the discretion of the Chief Justice.
Court orders
#- 1.The matter is forwarded to the Honourable Chief Justice for appointment of an uneven number of judges to hear the appeal and give further directions and/or a determination
- 2.The matter be placed before the Honourable Chief Justice on a date convenient to give directions
- On appeal from
- Cooperative Tribunal
- Jurisdiction invoked
- Section 21 of the Environment and Land Court Act; Section 81 of the Cooperative Societies Act No. 12 of 1997
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ufundi Savings & Credit Co-operative Society Limited v Francis Gitari Ndirangu & 299 others; Alex G. Marete & 121 others (Interested Parties) [2020] KEELC 605 (KLR)", Case Analysis (2020). Notice of motion dated 27th September 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/605/eng@2020-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.