Njagi v Eclof Sacco Embu Branch & another [2023] KECPT 786 (KLR)

Njagi v Eclof Sacco Embu Branch & another (Tribunal Case E003 of 2022) [2023] KECPT 786 (KLR) (Civ) (24 August 2023) (Ruling)

Neutral citation: [2023] KECPT 786 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case E003 of 2022

BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

August 24, 2023

Between

Simon Rutere Njagi

Claimant

and

Eclof Sacco Embu Branch

1st Respondent

Solomon Mwangi Ndung’u

2nd Respondent

Ruling

1. The matter for determination is a Preliminary Objection dated 08. 06. 2022, filed on 09. 06. 2022. The Preliminary Objection was filed by the 1st Respondent, citing the tribunal’s lack of jurisdiction to determine the matter, as the first Respondent is not a Sacco. Attached was a Certificate of Incorporation of the 1st defendant. The Certificate indicates that 30. 04. 2018, the 1st Respondent was duly incorporated under the Companies Act 2015, as a Private Limited Company.

2. The 1st Respondent prayed for the matter to be dismissed.

3. The Claimant filed a Replying Affidavit, dated 28. 11. 2022, filed on the same date. The Affidavit stated that the 1st Respondent, represented itself as a registered Sacco.

Issues for determination Whether the Respondent is a Sacco Society? 4. The Cooperative Society Act defines A cooperative Society as a Society Registered Under Section 4 of the Act. The 1st Respondent produced a copy of Certificate of Registration indicating that on 30. 04. 2018, the 1st Respondent was duly incorporated under the Companies Act 2015, as a private Limited Company, hence the 1st Respondent is not a Cooperative Society.

Whether the Tribunal has jurisdiction? 5. Section 76 of the Cooperatives Act establishes that the Cooperative Tribunal only has jurisdiction over any disputes relating to business between a Society and its members and other societies. From issue (1) above, it is established that the 1st Respondent is not a Cooperative Society, but a Private Company Limited registered under Section 15 of The Companies Act CAP 486, therefore, the Tribunal has no jurisdiction over the matter.Upshot1. The Tribunal has no jurisdiction over the matter, hence the Preliminary Objection dated 08. 06. 2022, succeeds.2. File ordered as closed.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 24. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 24. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 24. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 24. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 24. 8.2023HON. PAUL AOL MEMBER SIGNED 24. 8.2023