Njoroge v Kinyanjui (Sued as Chairman and Official of Canvas Trsansporters Ikinu-Githiga Sacco) [2024] KECPT 1183 (KLR)

Njoroge v Kinyanjui (Sued as Chairman and Official of Canvas Trsansporters Ikinu-Githiga Sacco) (Tribunal Case 200/E199 of 2024) [2024] KECPT 1183 (KLR) (25 July 2024) (Ruling)

Neutral citation: [2024] KECPT 1183 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 200/E199 of 2024

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

July 25, 2024

Between

Raphael Njoroge

Claimant

and

Norman Kinyanjui

Respondent

Sued as Chairman and Official of Canvas Trsansporters Ikinu-Githiga Sacco

Ruling

Notice Of Motion Application 1. The Notice of Motion Application dated 14th March, 2024 was filed under Sections 21,22,28,76,87,91 and 94 of the Cooperatives Act, Orders 1 Rules 1,3 and 4, order 41 Rules 1 and 2 of the Civil Procedure Rules and sections 63 ( e), 1B,3A and 5 of the Civil Procedure Act seeking among others that:a.Spentb.Pending hearing and determination of the suit, the Tribunal be pleased to grant interim orders of injunction restraining Respondent whilst acting in his capacity as the chairman of canvas transporters Ikinu-Githiga Sacco, his employees, agents and or anybody working under them from any interference with the running of the Claimants transport business with his 3 wheeler motor vehicle registration numbers KWTC 232N within the Sacco route.c.The traffic base commander – Githiga and the OCS Githiga police station be directed to supervise the implementation of the sought orders.

2. The Application was based on the Affidavit of Raphael Njoroge Njenga which stated the following among others:a.That he purchased a 3 wheeler motor vehicle registration number KWTC 232N from Virginia Wanjiku Njenga and after completion of the sale, a log book transfer was executed, but the Respondent without getting the proper state of affair or demand for explanation autocratically stopped his operations within the Sacco.b.That the Respondent also informed the local operatives and the police that he was operating within the Sacco illegally necessiting him to remove the 3 wheeler motor vehicle from operation from 1st March, 2024. c.That on numerous occasions he has tried to seek a meeting to resolve the arising issues but the Respondent has adamantly declined and as such he has undergone a daily loss of income of over Kshs. 2,500/=.

3. This Tribunal on 14th March, 2024 gave directions for the Applicant to serve the other parties and on 15th May, 2024 gave further directions to try and settle the matter out of court.As at the date of writing this ruling, there is no indication that the parties have settled the matter out of court.

Prayers For Injunction 4. Criteria for the grant of orders for temporary injunction are well settled that any party making the application has to satisfy the triple requirement of:a.Establishing a prima facie caseb.Demonstrating irreparable injury that cannot be compensated by costs if the order of temporary injunction is not issued.c.If there is any doubt as to (ii) the Applicant has to show that the balance of convenience is in his favour.

5. In this particular case, it is the Respondent’s position that they are willing (as members of canvas transporters Ikinu-Githiga Sacco) to allow the Claimant back into business if he complies with the Sacco by-laws beginning with the payment of Kshs. 20,000/= to allow him operate his 3 wheeler motor vehicle.

6. To establish a prima facie case, a party need to present material in court showing the existence of a legal right that has been infringed on. In this particular case, that would have been satisfied if the Claimant attached documents showing he is a member of the Respondent Sacco or that he has paid what is needed to allow him operate and his rights are being infringed on. In evidence before court, either are missing and as such we find no thread to hang on to grant him the orders of temporary injunction he is seeking.

Final Orders i.The Notice of Motion dated 14th March, 2024 fails.

ii.Costs of the Application is in the cause.

iii.Pre-trial directions on 7. 10. 2024.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 25. 7.2024HON. PAUL AOL MEMBER SIGNED 25. 7.2024Tribunal Clerk JemimahKimani for RespondentRaphael Njoroge presentHON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024