Embu Teachers Co-operative Society Limited v Kivungo (Tribunal Case 44 of 2006) [2025] KECPT 102 (KLR) (30 January 2025) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 102
- Citation
- [2025] KECPT 102 (KLR)
- Decided
- 30 January 2025
The Tribunal ruled that the firm of Kijaru Njeru and Company Advocates was the Respondent's advocate at the time of the hearing, and the Claimant's claim has merit.
Facts
The Claimant, Embu Teachers Co-operative Society Limited, filed a claim against the Respondent, Daniel Kivungo, alleging misappropriation of funds by Kivungo during an inquiry into the society's affairs in 2003. Kivungo denied the allegations and claimed he was not served with the surcharge order.
Issues
- Whether the firm of Gitonga Muriuki was on record for the Respondent at the time of the hearing
- Whether the Claimant's claim has merit
Reasoning
The Tribunal found that the Claimant's claim has merit based on the evidence of the inquiry, the issuance of a surcharge order, and the Respondent's appeals to the Minister, the Tribunal, and the High Court.
Outcome
The Tribunal dismissed the Respondent's objection and found the Claimant's claim meritorious.
Orders
- The firm of Kijaru Njeru and Company Advocates was found to be the Respondent's advocate at the time of the hearing
Authorities cited
Legislation (1)
- Cooperative Societies Act
Cases cited (1)
- Romane Agencies Limited Vs Tanathi Water Services Board
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