Kenyan case law

Konza Ranching and Farming Co-operative Society Ltd v Joseph Mwando Musau [2021] KECPT 12 (KLR)

✦ Interim orders are granted restraining the Respondent from interfering with the suit property and removing the illegal fence and construction materials.

Anthony Ndung’u Kiboro v Unaitas Sacco Society Limited & another [2021] KECPT 31 (KLR)

✦ The Tribunal’s decision is final and the application is dismissed.

Rael Wakei Muasya v Mathew Muli Mutunga & another [2021] KECPT 13 (KLR)

✦ The Tribunal set aside the default judgment and allowed the Respondents' application to file a defence.

Jacob Kibiti Kirema v Capital Sacco Society Limited [2021] KECPT 19 (KLR)

✦ The Application is allowed, and the proceedings are stayed pending the outcome of MERU HCCC No. 18 of 2019.

Martin Mungai Kamugu v Patrick Nzimbi & 5 others [2021] KECPT 32 (KLR)

✦ The Tribunal found that the Respondents' actions were unconstitutional and in violation of Article 47 of the Constitution of Kenya and Section 4 of the Fair Administrative Action Act 2015.

Kenya Technical Teachers’ College Workers ? Savings Co-operative and Credit Society v Njuguna Kamau & 13 others [2021] KECPT 4 (KLR)

✦ The Applicant's Application for a Stay of proceedings is dismissed with costs.

Michael Makosala v Jacqueline Ondari [2021] KECPT 245 (KLR)

✦ The Application dated 30.8.2017 has no merits and is dismissed with costs assessed at Kshs.15,000/=

Mark Nyakeri Bosire v Harambee Savings and Credit Co-operative Society Limited [2021] KECPT 287 (KLR)

✦ The application is allowed, and the Respondent's Statement of Defense and List of Documents are to be filed within 7 days from the date of this ruling.

Lucy Moraa Sure v Orient Sacco Society Limited [2021] KECPT 279 (KLR)

✦ The Respondent's Memorandum of Response does not raise triable issues and the denial of owing the amount is not valid.

Elias Muturi Njiru v Nawiri Sacco Society Limited & another [2021] KECPT 235 (KLR)

✦ The court dismissed the application, finding that the balance of convenience tilts towards the respondents and that the claimant failed to show that the inconvenience caused by withholding the injunction would be greater than that caused by granting it.

Eastleigh Route Sacco Limited v Evans Njoroge Ihura [2021] KECPT 253 (KLR)

✦ The motion is dismissed with costs as the application has no merits.

Seifu Matsabe Omutimba v Sukari Sacco Society Limited (Tribunal Case 738 of 2019) [2021] KECPT 662 (KLR) (2 September 2021) (Judgment)

✦ The Tribunal finds the claimant entitled to the full Kshs. 503,000.00/= since the Respondent admitted having withheld the same in their Statement of Defence.

Arthur Chege & others v Gerald Muchoki Kihahu; Saidika Investments(Objector) [2021] KECPT 290 (KLR)

✦ The goods attached belong to the Objector and Judgment Debtor, and thus cannot be attached by the Claimant/ Decree Holder to satisfy the decree.

Naomi Waeni Ndivo v Yes Sacco Society Limited [2021] KECPT 286 (KLR)

✦ The Tribunal grants leave to re-open the Claimant's case to file and serve their Witness Statements and documents within 30 days.

Kenya Union of Savings & Credit Co-Operative Society [Kusco] v Kencom Co-Operatives Savings & Credit Society Ltd & another [2021] KECPT 239 (KLR)

✦ The Claimant's Application is dismissed with costs.

Nyariki Farmers Co-Operative Society Limited v Miathathia Coffee FarmersCo-Operative Society Limited [2021] KECPT 248 (KLR)

✦ The Tribunal has jurisdiction to handle the claim.

Nicholas Osenda & 55 others v Gusii Farmers Co-operative Union Limited & 5 others [2021] KECPT 246 (KLR)

✦ The Tribunal lacks jurisdiction over the matter and the claim is dismissed.

Benson Ouma Oluga v Yes Sacco Society Limited [2021] KECPT 244 (KLR)

✦ Judgment for Kshs. 165,055/= plus costs and interest from the date of filing suit

James Gichuki Mugambi v H & M Cooperative Saving & Credit Society Limited & 4 others [2021] KECPT 269 (KLR)

Biashara Sacco Society Limited & 2 others v Mugambi Wang’ombe & another [2021] KECPT 231 (KLR)

✦ The Tribunal ordered the 1st Respondents to be inhibited from the properties and to transfer the properties to the 2nd and 3rd Claimants. The Tribunal also ordered the 1st Respondents to pay the costs and interest of the Claim and the dismissed Counter-Claim.

Joseph Wahome Kamau, Faith Tita Adu, Stella Wanjiru Njeru, Patrick Cheruiyot Mutai, Consolata Ngendo Njihia, Robert Kahiga Munene & Jane Akinyi Ojijo v Daniel Mithamo Kiongo [2021] KECPT 274 (KLR)

✦ The Preliminary Objection is valid, and the suit is not fatally defective.

Orokise Sacco Society Limited v Orokise Sacco Society Limited [2021] KECPT 249 (KLR)

✦ The Tribunal has no jurisdiction to suspend time and dismisses the applications

Kamuna Sacco Limited v Muna Supreme Shuttle;Nairobi County Government (Interested Party) [2021] KECPT 264 (KLR)

✦ The Preliminary Objection is valid.

Phinius Kirimi M’kirigia v Jitegemee Sacco Society Limited [2021] KECPT 250 (KLR)

✦ Grant prayer (a) of the Statement of Claim and order for the Respondent to file a proper and full Statement of Account within 30 days. Any savings found due to the Claimant be refunded plus the 1600/= as prayed in prayer (b) of the Claim. Costs and interest granted at Tribunal rates.

Josphat Magut & 6 others v Kitisuru Sacco Society Limited [2021] KECPT 271 (KLR)

✦ The Claimant's Application dated 18th November 2020 is allowed with costs; a Prohibitory Injunction is issued restraining the Respondents from making any deductions against the Claimants' accounts in a bid to offset the 2nd Respondent's loan; the matter proceeds to main Hearing.