Omenda v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) [2023] KECPT 68 (KLR)

Omenda v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Appeal 4 of 2017) [2023] KECPT 68 (KLR) (23 February 2023) (Judgment)

Neutral citation: [2023] KECPT 68 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Appeal 4 of 2017

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

February 23, 2023

Between

Wycliffe P Omenda

Appellant

and

The Commissioner For Co-Operative Development & Marketing

Respondent

and

Comply Staff Society Sacco Ltd

Interested Party

Judgment

1. The Request for Judgment dated 23/2/21 filed on 21/5/21 and Affidavit of Service of James M. Mbuvi sworn on 11/4/2018, 13/4/22. 23/9/22 is considered.

2. We note the Respondent and Interested party have been served severally with pleadings and Notices but have failed to enter appearance.

3. The matter was coming up for determination that is judgment of Memorandum of Appeal dated 15/6/17 filed by the Appellants.

4. We have carefully considered the Appeal and its various grounds. The same raises issues which the Respondent and Interested Party ought to have responded to but chose not to do so despite the various opportunities granted to them.

5. In absence of response or Defence by Interested Party and Respondent the Appeal as per the Memo of Appeal dated 15/6/17 filed on even date is allowed as prayed in terms of Prayer C- Decision by the Commissioner to surcharge the Appellant is hereby quashed and set aside because of irregularities in the report.Orders to apply in Appeal No. CTC 4/17, Appeal 2/17.

JUDGMENT, READ AND DELIVERED VIRTUALLY ON 23RD FEBRUARY, 2023. HON. MJENI MWATSAMA D/CHAIRPERSON SIGNED 23. 2.2023GITONGA KAMITI MEMBER SIGNED 23. 2.2023MARIA MBENEKA MEMBER SIGNED 23. 2.2023