Washington Silvanus Washiali Khwale v Mumias Cane Farmers Co-operative Union Limited & another [2021] KECPT 601 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 601
- Citation
- [2021] KECPT 601 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCo-operative DisputePostureClaimant vs. RespondentsCoramHON. B. KIMEMIA CHAIRPERSON, HON. J. MWATSAMA DEPUTY CHAIRPERSON, MR. P. GICHUKI MEMBER
Holding
Claimant is entitled to a refund of Kshs.200,000 and an interim office be constituted with one member from every primary society.
Facts
Claimant deposited Kshs.200,000 in the 1st Respondent's bank account in 2011 for employee dues. Since 2011, the 1st Respondent has not carried out any audits.
Issues
- Is the Claimant a member of the 1st Respondent?
- Is the Claimant entitled to a refund of Kshs.200,000?
- Interim officials
Reasoning
Claimant is a member and the refund is not denied by the Respondents. No evidence of liabilities on Claimant's end.
Outcome
Claimant wins
Orders
- Kshs.200,000 be refunded to the Claimant
- Interim office to be constituted with one member from every primary society
- A report be filed by the Commissioner of Co-operatives on the status of the 1st Respondent and thereafter an Annual General Meeting to be held
Remedies
- Refund of Kshs.200,000
- Interim office constituted
Authorities cited
Legislation (1)
- Co-operative Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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