Republic v Board of Directors, Kenya Police Sacco Ex-parte Charles Maigeni Memusi [2016] KEHC 5175 (KLR)
- Court
- High Court of Kenya
- Case number
- 5175
- Citation
- [2016] KEHC 5175 (KLR)
- Decided
- 24 May 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent appealed the decision of the High CourtCoramG V ODUNGA
Holding
The Court found that the Respondent did not have the power to suspend the applicant and that the matter was not properly before the Court.
Facts
The applicant, Charles Maigeni Memusi, was a Police Constable and a member of the Kenya Police Sacco. He was elected as a Member Delegate and branch official of the Wajir branch of the Kenya Police Sacco. The Respondent, Board of Directors, Kenya Police Sacco, suspended the applicant without his consent.
Issues
- Whether the Respondent had the power to suspend the applicant.
- Whether the matter is properly before the Court.
Reasoning
The Court held that the dispute should be referred to the Tribunal under Co-operative Societies Act, section 76, as it involves a dispute between a co-operative society and its member.
Outcome
The appeal was dismissed.
Orders
- The order of suspension issued by the Respondent is quashed.
- The matter is remanded to the Tribunal for further proceedings.
Remedies
- Quashing of the Respondent's order of suspension.
- Remand to the Tribunal.
Authorities cited
Legislation (2)
- Co-operative Societies Act
- Law Reform Act
Cases cited (2)
- Republic vs. Public Procurement Administrative Review Board & Another Ex Parte Selex Sistemi Integrati Nairobi HCMA No. 1260 of 2007
- Kameke Growers Co-Operative Society Limited & Others vs. North Bukedi Cooperative Union SCCA No. 8 of 1994
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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