Rashid Mohammed Echesa & another v Nitunze Savings and Credit Co-operative Society Limited (In Liquidation) & 2 others [2019] KEHC 2240 (KLR)
- Court
- High Court of Kenya
- Case number
- 2240
- Citation
- [2019] KEHC 2240 (KLR)
- Decided
- 15 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents filed a notice of preliminary objectionCoramW. Musyoka
Holding
The court lacks jurisdiction to hear the matter as the issues raised by the petitioners fall within the jurisdiction of the Co-operative Tribunal.
Facts
The petitioners filed a petition alleging illegalities on the part of the respondents, including revocation of a deposit-taking license and cancellation of a liquidation order.
Issues
- whether the court lacks jurisdiction to hear the matter
- whether the 1st petitioner lacks locus standi
- whether the respondents should have exhausted dispute resolution mechanisms before filing the petition
- whether the respondents should have appealed to the Co-operative Tribunal before filing the petition
Reasoning
The court's jurisdiction is ousted by the statutory remedies provided for in the Sacco Societies Act and the Co-operative Societies Act, and the petitioners' allegations relate to breaches of the acts rather than fundamental rights and freedoms.
Outcome
The notice of preliminary objection is sustained.
Authorities cited
Legislation (2)
- Sacco Societies Act No. 14 of 2008
- Co-operatives Societies Act Cap 490
Cases cited (2)
- Owners of the Motor Vessel 'Lillian S' vs. Caltex Oil (Kenya) Ltd [1989] eKLR
- Benard Murage vs. Fine serve Africa Limited & 3 others [2015] eKLR
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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