Shadrack Mogesi Obebo & another v Commissioner for Co-operative Development & 6 others [2018] KEHC 622 (KLR)
- Court
- High Court of Kenya
- Case number
- 622
- Citation
- [2018] KEHC 622 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents filed preliminary objections.CoramR.E. OUGO
Holding
The petition is not dismissed, as the High Court has jurisdiction to hear the matter. The interim caretaker committee's appointment is challenged but not found to be illegal.
Facts
Petitioners are members of Mobamba Co-operative Society. They contest the appointment of an interim caretaker committee by the 1st and 2nd Respondents, alleging it was done without due process.
Issues
- jurisdiction of the High Court vs. Co-operative Societies Tribunal
- violation of due process in appointing interim caretaker committee
Reasoning
The court finds the petitioners' rights have been violated, but the High Court has the authority to address such constitutional issues. The Tribunal's jurisdiction is limited to disputes within the business of the society.
Outcome
The petition is not dismissed.
Orders
- An injunction against the 3rd to 7th Respondents from assuming office or conducting any business related to the management of the Co-operative Society.
- An injunction against the 3rd to 7th Respondents from blocking and preventing the Elected Management Committee members from accessing their offices and discharging their mandates.
Remedies
- Declaration that the process followed in the constitution of the interim committee was illegal, irregular, unconstitutional, and void.
- Declaration that the current Elected Management Committee members are legally in office and entitled to transact all business in relation to the society.
Authorities cited
Legislation (2)
- Co-operative Societies Act, Cap 490
- Constitution of Kenya, 2010
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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