Republic v Commissioner, Co-operative Development & another Ex parte Ngugi Njoroge & 9 others [2016] KEHC 4583 (KLR)
- Court
- High Court of Kenya
- Case number
- 4583
- Citation
- [2016] KEHC 4583 (KLR)
- Decided
- 27 June 2016
The Court finds that the applicants do not have a legal right to have the annual general meetings convened and that the Commissioner has the power to interfere with matters concerning co-operative societies.
Facts
The applicants seek an order compelling the Commissioner, Co-operative Development and the Attorney General to convene annual general meetings within four months after the end of each financial year. The Society contends that the application is an abuse of the court.
Issues
- Whether the applicants have a legal right to have the annual general meetings convened
- Whether the Commissioner has the power to interfere with matters concerning co-operative societies
Reasoning
The Court of Appeal in Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others [1997] eKLR and Shah vs. Attorney General (No. 3) [1970] EA 543 Goudie, J expressed that mandamus is a command requiring a person to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. The Court held that the applicants do not have a legal right to have the annual general meetings convened.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Co-operative Societies Act, 2012
- Co-operative Societies Act, 1962
Cases cited (3)
- Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others Civil Appeal No. 266 of 1996 (CAK) [1997] eKLR
- Shah vs. Attorney General (No. 3) Kampala HCMC No. 31 of 1969 [1970] EA 543 Goudie, J
- Jotham Mulati Welamondi vs. The Electoral Commission of Kenya Bungoma HC Misc. Appl. No. 81 of 2002 [2002] 1 KLR 486; [2008] 2 KLR (EP) 393
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