Gaacheru v Boots Sacco Ltd [2023] KECPT 50 (KLR)

Gaacheru v Boots Sacco Ltd (Tribunal Case 4 of 2019) [2023] KECPT 50 (KLR) (Civ) (16 February 2023) (Ruling)

Neutral citation: [2023] KECPT 50 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 4 of 2019

M Mwatsama, Vice Chair, Gitonga Kamiti & M. Mbeneka, Members

February 16, 2023

(Coram before Hon. Mjeni Mwatsama-D/Chairperson, G. Kamiti and M. Mbeneka)

Between

Margaret Wairimu Gaacheru

Claimant

and

Boots Sacco Ltd

Respondent

Ruling

1. The Application for determination is Notice of Motion dated November 9, 2021 by Respondent/Applicant which Application seeks for the following orders;-a.That, the Applicants be allowed to substitute its witness with the current Deputy Chairman;b.That, one PN Gichuhi/Gichuki be pleased to recuse himself from the hearing of this matter; andc.That, each party do bear their own costs of this application.The same is supported by the Supporting Affidavit of George Ochieng Majera sworn on November 9, 2021.

2. The Application is unopposed. There are two issues to be resolved one, substitution of the written statement of the Chairman which the Respondent avers there is a new Chairman thus need to change the same For the substitution, we shall not belabor the point. At time of trial we shall need the deponent of the written statement to testify and if there has been a change in officials it is only fair and just to allow the substitution of the written statement to reflect the correct position of Respondent while giving evidence.

3. The 2nd issue is one of whether the report as attached as “GO-1 emanates from a member of the Honourable Tribunal that is PN Gichuki.The Applicant avers they need to be sure that the said PN Gichuhi (Member) of the Co-operative tribunal is not its author for there to be fair trial.We note the said document “GO-1” is not clear on PN Gichuhi or PN Gichuki.To avert any other misunderstanding the Honourable Tribunal through its letter dated November 3, 2021 wrote to the Office of Commissioner of Co-operatives to get a clarification as to the author of the said documents.The letter was responded vide letter dated February 2, 2023 Priscilia Maranga who confirmed the document dated January 23, 2015 was from one PN Gichuhi.The said PN Gichuhi is not a member of the said tribunal and as such PN Gichuki can be in the bench to preside over the matter.A copy of the said letter from the Commissioner office is attached.

4. The issue of authorship of letter having been considered and determined we direct Applicant to substitute their written statement 21 days from today.

UPSHOT 5. Application dated November 9, 2021 is allowed in terms of;-

a.That, the Applicants be allowed to substitute its witness with the current Deputy Chairman; allowed.b.That, one PN Gichuhi/Gichuki be pleased to recuse himself from the hearing of this matter- fails.c.Each party to bear their own costs.d.Mention on May 3, 2023 to fix matter for hearing.

RULING, READ AND DELIVERED VIRTUALLY ON 16TH FEBRUARY, 2023. Hon. Mjeni Mwatsama D/Chairperson Signed 16. 2.2023Gitonga Kamiti Member Signed 16. 2.2023Maria Mbeneka Member Signed 16. 2.2023In the presenceMacharia Advocate hold brief for Mr. Mbuthia for the RespondentNo Appearance by ClaimantJ. Mutai – C/AssistantSignedHon. Mjeni MwatsamaDeputy Chairperson16/2/23