REPUBLIC v MATHEKA KITHOME & 4 Others [2011] KEHC 301 (KLR)
- Court
- High Court of Kenya
- Case number
- 301
- Citation
- [2011] KEHC 301 (KLR)
- Decided
- 26 October 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent's preliminary objection to jurisdiction rejectedCoramEDWARD M. MURIITHI
Holding
The High Court has jurisdiction to hear the dispute and the applicant's Notice of Motion is properly before the court.
Facts
The applicant, Julius Muia Mwatu, sought leave to apply for an order of certiorari and mandamus against the respondents, Mathew Kithome and others, alleging that he was wrongly suspended as a member of Akamba Handicraft Industries Cooperative Society.
Issues
- Whether the High Court has jurisdiction to hear the dispute concerning the suspension of the applicant as a member of the cooperative society
- Whether the dispute is a dispute concerning the business of a cooperative society as defined by the Cooperative Societies Act
Reasoning
The dispute is not a dispute concerning the business of a cooperative society as defined by the Cooperative Societies Act. The High Court has supervisory jurisdiction over the disciplinary actions taken by the cooperative society.
Outcome
The preliminary objection taken by the respondents is rejected.
Orders
- The Notice of Motion shall be heard on a date to be fixed by the court in consultation with the parties
Authorities cited
Legislation (3)
- Cooperative Societies Act Cap 490
- Constitution of Kenya
- Public Officer Ethics Act Cap 183
Cases cited (3)
- Gatonye Coffee Guards v. Gitau (1970) E.A. 361
- Lukenya Ranching v. Kavoloto (1970) E.A. 414
- Wakiro v. Comm. of Bugisu Coop (1968) EA 523
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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