Chemweno & another v Kipkorir & 2 others; Kipsoi & 2 others (Interested Parties) [2022] KECPT 183 (KLR)

Chemweno & another v Kipkorir & 2 others; Kipsoi & 2 others (Interested Parties) (Tribunal Case 316 of 2019) [2022] KECPT 183 (KLR) (7 February 2022) (Ruling)

Neutral citation: [2022] KECPT 183 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 316 of 2019

M Mwatsama, Vice Chair, B. Akusala & P. Gichuki, Members

February 7, 2022

Between

Hosea Bormao Chemweno & another

Claimant

and

Raymond Kipkorir & 2 others

Respondent

and

Titus Kipsoi & 2 others

Interested Party

Ruling

1. This tribunal issued directions on November 25, 2021. No indication has been given as to compliance. We have heard the Submission of both parties, and what to Tribunal notes us tune is running out from the board to comply .

2. As this can has been heard and determined, there is no subject matter from trial. Joinder of parties at this stage is ill advised.The Procedures relating to joinder of parties require to party seeking such orders to demonstrate their interest and also show that interest has not been addressed by the present parties.

3. The intended interested parties are all members of Ngenda Investors Rural Co-op Ltd. They have not shown what they bring to the proceedings, especially at this stage.We thus find that the Application has no merit and should be demised with prejudice. This means that no fute Application of this matter will be entertained in this case.The 60 days period is almost determining, and the Board will be held in contempt of the tribunal’s orders. The claimant have submitted that the unofficial have refused to hand over the instruments of office. This tribunal has not seen an Application or evidence on that, and as it stands, all the officials are jointly refusing to comply with tribunal orders. We shall say no more on that.Orders of this tribunal are binding and we shall not hesitate to enforce them. The orders of November 25, 2021 must be complied with and time is running out.

Orders 4We thus order as follows;-a.The application dated 03/2/2022 is dismissed with prejudice;b.The parties to comply with earlier orders issued by the tribunal on November 25, 2021.

RULING, READ AND DELIVERED IN AN OPEN COURT THIS 7TH DAY OF FEBRUARY, 2022. Hon. Mjeni Mwatsama Deputy Chairperson Signed 7. 2.2022B. Akusala Member Signed 7. 2.2022P. Gichuki Member Signed 7. 2.2022