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Court of AppealStruck OutCivil Appeal No. 261 of 1998· [1999] KECA 120 (KLR)

JOHN GITHINJI WANGONDU KARIUKI KIBOI vs OTHAYA FARMERS CO-OPERATIVE SOCIETY LIMITED THE COMMISSIONER OF CO-OPERATIVE DEVELOPMENTS [1999] KECA 120 (KLR)

Court of Appeal
14 April 1999
RKR. O. KwachROR. S. C. OmoloALA. A. Lakha
241 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed it cannot hear appeals in co-operative disputes: the Co-operative Societies Act ends appeals at the High Court.

What this practically means

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Executive summary

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The Court of Appeal, in a short ruling delivered at Nairobi on 14 April 1999, struck out Civil Appeal No. 261 of 1998 by John Githinji Wangondu and Kariuki Kiboi against Othaya Farmers Co-operative Society Limited and the Commissioner of Co-operative Development. The appeal lay from a ruling of the High Court of Kenya at Nyeri (Osiemo J) dated 17 April 1997 in H.C.C.S. No. 511 of 1997. The court held that the dispute was clearly one under the Co-operative Societies Act (Cap 490), which prescribes its own dispute-resolution mechanism: disputes are settled through the Commissioner of Co-operatives, whose decisions are appealable to the High Court. The High Court therefore has only appellate powers in such matters, and there is no provision for instituting suits in the High Court under Cap 490. Critically, section 81(1) and (2) of the Act provides no further right of appeal from the High Court to the Court of Appeal. The appeal was accordingly incompetent and was struck out, with no order as to costs. The ruling establishes a binding jurisdictional rule that the Court of Appeal has no appellate jurisdiction over decisions of the High Court arising from co-operative disputes under Cap 490. A material discrepancy exists in the record: the coram names Kwach, Omolo and Tunoi JJ.A., but the signed judgment bears the names of Kwach, Omolo and Lakha.

Key legal issues

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Whether the appeal was competent under the Co-operative Societies Act

Holding

The appeal was incompetent because the Act provides no right of appeal from the High Court to the Court of Appeal in disputes under Cap 490.

Reasoning

The dispute fell squarely under the Co-operative Societies Act, which channels disputes to the Commissioner of Co-operatives, with appeals lying to the High Court only. The High Court therefore exercises only appellate jurisdiction in such matters and there is no provision for original suits under Cap 490. Section 81(1) and (2) expressly excludes any further appeal to the Court of Appeal, rendering the present appeal incompetent.

p. 2

Legal principles established

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  • Disputes under the Co-operative Societies Act are settled through the Commissioner, whose decisions are appealable to the High Court, and there is no further appeal to the Court of Appeal; suits cannot be instituted in the High Court under Cap 490.

Court orders

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  1. 1.The appeal is struck out as incompetent
  2. 2.No order as to costs
On appeal from
High Court of Kenya at Nyeri
H.C.C.S. No. 511 of 1997
Jurisdiction invoked
No right of appeal under section 81(1) and (2) of the Co-operative Societies Act (Cap 490); the appeal was struck out as incompetent

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "JOHN GITHINJI WANGONDU KARIUKI KIBOI vs OTHAYA FARMERS CO-OPERATIVE SOCIETY LIMITED THE COMMISSIONER OF CO-OPERATIVE DEVELOPMENTS [1999] KECA 120 (KLR)", Case Analysis (1999). Civil Appeal No. 261 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/120/eng@1999-04-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.