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ELCStruck OutApplication dated 15.11.2021· [2022] KEELC 851 (KLR)

Joseph Mutua Mbuva v Waichakehiri Farmers Society Ltd (sued through Chairman Robert Kimathi Marete [2022] KEELC 851 (KLR)

Environment and Land Court
16 March 2022
CNC.K. NZILI
954 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Meru struck out an application, consent letter and advocate-withdrawal notice because disputes over who leads a cooperative society belong to the Cooperative Tribunal, not the High Court.

What this practically means

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Executive summary

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By an application dated 15.11.2021, Festus Muritani Rware and Kelvin Mwirigi Riungu, describing themselves as current chairmen of the defendant society, sought review and setting aside of orders issued on 9.11.2021 dismissing their application dated 30.4.2021. They contended they were duly elected officials on 9.3.2020, no longer wished to be represented by the lawyers on record, and had filed a notice of withdrawal of advocates. The respondents opposed, denying the applicants' mandate and locus standi to withdraw legal representation. The underlying suit over Parcel No. 1693 Part A had been dismissed on 3.6.2019, costs taxed at Kshs. 204,275/=, and a notice of appeal lodged. A contested consent letter filed on 23.2.2021 purported to vary the decree and withdraw an appeal, but was not signed or endorsed by E.G. Mwangi & Co. Advocates on record. The court framed the question of its own jurisdiction. Relying on Section 76(1)(b) of the Cooperative Societies Act and the Charles Keragita Arwenya authority, it held that disputes over bonafide membership and officials of a cooperative society are for the Cooperative Tribunal, which ousts the High Court's original jurisdiction. Since who may instruct or withdraw advocates depends on who the bonafide officials are, the court struck out and expunged the consent letter, the notice of withdrawal and the application, with no orders as to costs.

Key legal issues

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01

Jurisdiction over disputes as to bonafide officials of a cooperative society

Holding

The court lacks jurisdiction; such disputes belong to the Cooperative Tribunal under Sections 76(1)(b) and 78(1) of the Cooperative Societies Act

Reasoning

The applicants claim to be newly elected officials while opponents claim to have been officials throughout the suit. Determining who may instruct or withdraw advocates requires first deciding who the bonafide officials are. That question is reserved to the Cooperative Tribunal, whose jurisdiction over member/society disputes ousts the High Court's original jurisdiction.

p. 2

Legal principles established

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  • Section 76 of the Cooperative Societies Act ousts the High Court's original jurisdiction over disputes concerning bonafide membership and officials of a cooperative society, which fall to the Cooperative Tribunal
  • Questions of who may rightfully instruct advocates or withdraw legal representation for a society must await tribunal determination of the bonafide officials

Court orders

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  1. 1.The consent letter filed on 23.2.2021, the notice of withdrawal dated 19.1.2021 and the application dated 15.11.2021 are struck out and expunged from the court records
  2. 2.No orders as to costs

Authorities

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Legislation

  • Cooperative Societies ActSection 76(1)(b)
  • Cooperative Societies ActSection 78(1)
  • Cooperative Societies ActCap 490
  • Cooperative Societies ActCap 450

Cases cited (3)

  • Joseph Muthuri Ikunyua & 32 Others v Cooperative Bank of Kenya Ltd & 14 Others
    [2018] eKLR
  • Moses Mwicigi & 14 Others v Independent Electoral & Boundaries Commission & 5 Others
    [2016] eKLR
  • Charles Keragita Arwenya v Nyakoe Farmers Co-operative Society Ltd
    [2016] eKLR
Jurisdiction invoked
Cooperative Societies Act, Sections 76(1)(b) and 78(1)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Joseph Mutua Mbuva v Waichakehiri Farmers Society Ltd (sued through Chairman Robert Kimathi Marete [2022] KEELC 851 (KLR)", Case Analysis (2022). Application dated 15.11.2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/851/eng@2022-03-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.