Republic v Commissioner for Co-operative Development & another Ex-parte Lawrence Mwangangi Mwania [2015] KEHC 7766 (KLR)

Facts

The applicant, Lawrence Mwangangi Mwania, was alleged to have misappropriated funds from Uiguano Nyonjoro Farmers Co-operative Society Limited in 2009. He was ordered to reimburse Kshs. 56,640.00 but was not given a hearing. In 2014, he was ordered to pay Kshs. 595,218.00 for misappropriation, again without a hearing.

Issues

1. Right to be heard under Article 47 of the Constitution
2. Validity of the surcharge order without a hearing

Reasoning

The court held that the applicant was not heard before the impugned decisions were made, which violated the right to be heard under Article 47 of the Constitution. The court also noted that the applicant did not appeal the decision as required by the Co-operative Societies Act.

Outcome

The ex parte applicant's application for Certiorari and Prohibition was dismissed.

Authorities cited