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Washington Silvanus Washiali Khwale v Mumias Cane Farmers Co-operative Union Limited & another [2021] KECPT 601 (KLR)

[2021] KECPT 601 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
601
Citation
[2021] KECPT 601 (KLR)
AI Summary Beta 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

  1. Is the Claimant a member of the 1st Respondent?
  2. Is the Claimant entitled to a refund of Kshs.200,000?
  3. 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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