NATIONAL COUNCIL OF NON-GOVERNMENTAL ORGANISATIONS & 2 OTHERS V KITUO CHA SHERIA & 6 OTHERS [2012] KEHC 5820 (KLR)
- Court
- High Court of Kenya
- Case number
- 5820
- Citation
- [2012] KEHC 5820 (KLR)
- Decided
- 21 September 2012
The court held that the best way forward in the interests of justice would be for the court to facilitate the holding of a general assembly of the 1st Plaintiff so that free and fair elections of officers of its executive and other committees can be conducted.
Facts
The Plaintiffs, National Council of Non-Governmental Organizations and others, filed a plaint and application for a temporary injunction against the Defendants, KITUO CHA SHERIA and others, alleging that the Defendants held themselves out as the Plaintiffs and unlawfully called for a special general assembly for election of office bearers.
Issues
- Whether the Defendants are holding themselves out as the 1st Plaintiff?
- Whether the notice of general assembly for 25th November 2010 was lawfully called or in contravention of the Non-Governmental Organizations Co-ordination Act, 1990 and Regulations?
- Whether the Defendants are legitimate members of the 1st Plaintiff?
Reasoning
The court found that the issues raised in the plaint and chamber summons are the same and that a proper trial is necessary to decide these issues.
Outcome
The application by chamber summons dated 22nd November 2010 is dismissed with no order as to costs. The matter shall be mentioned on a date to be taken at the registry.
Orders
- Interim injunction to continue in place
Remedies
- Facilitating the holding of a general assembly of the 1st Plaintiff for free and fair elections of its officers and committees.
Authorities cited
Legislation (1)
- Non-Governmental Organizations Co-ordination Act, 1990
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