Co-operative Tribunal

The Tribunal is a quasi-judicial body established under the Co-operative Societies Act, No.12 of 1997 as amended by the Co-operative Societies (Amendment) Act, 2004.

Vision

Fair and just settlement of co-operative disputes.

Mission

To maintain and administer effective and efficient Tribunal for the settlement of co-operative disputes-cognizant that justice delayed is justice denied.

Preamble

The Co-operative Tribunal was established under the Co-operative societies Act, No.12 of 1997 as subsequently amended by the Cooperative Societies.

(Amendment) Act, 2004 with sole purpose of hearing and settling co-operative disputes.

Parties to a dispute

In order to qualify a dispute for purposes of the Tribunal, the matter must concern the business of the society;

  • among members, past members and persons claiming through members, past members and deceased members; or
  • between members, past members or deceased members; and the society, its committee or any officer of the society; or
  • between the society and any other co-operative society.

How to bring a case to the tribunal

  1. Any person desiring to file a dispute will be provided with simple forms free of charge, to fill upon small filing fee. The fees chargeable at the Tribunal are quite low i.e if a party is not clear about how to fill the forms, our officers at the Registries are to assist as that is their duty. 
  2. It must be stated that the tribunal has Tribunal has decentralized its services to the Provincial Cooperative Officers countrywide. There is no need therefore, to travel all the way to the Nairobi Tribunal Headquarters as the same services
  3. are readily available as the stated Registries.
  4. The tribunal regularly moves to hear disputes at the Provincial Registries and this has assisted a great deal in  decongesting the Nairobi Tribunal and also reduce the case backlog.

Tribunal services include:-

  • Advisory services
  • Assessment of claims
  • Custody of documents
  • Processing of documents
  • Granting ex parte judgments
  • Giving hearing dates
  • Hearing disputes

Decentralization of tribunal services

The Tribunal has decentralized services by establishing registries across the Republic, namely Mombasa, Kisumu, Embu, Nakuru and Kakamega.

Aggrieved parties are advised to seek these services at the registries nearest to them.

Commitments on services delivery

  1. Advisory services on the nature of the dispute at the Registry will be provided within thirty (30) minutes and is free.
  2. Advice on filing statement of claim is free and offered within forty (40) minutes.
  3. A claim shall be assessed within twenty (20) minutes.
  4. Documents will be processed within forty (40) minutes.
  5. Granting of Ex parte judgment where no defense entered will be granted within twenty (20) minutes upon receipt of letter requesting for it and upon payment of K sh.150.00.
  6. Hearing dates will be given within thirty (30) minutes.
  7. Disputes will be heard within three (3) months.

Fees for services

The fees for services at the Tribunal are cheap and therefore affordable, and are calculated on the following formula. Principal Amount Claimed-(6000)*2%+780+100
However, whatever the claim, the fees does not exceed K sh. 70,000.00.

 Service Rendered

 Requirements

 User Charges

Time Frame

Assumptions

  Advisory services on filing claim

 Presentation of clear and accurate facts by Claimant

 Depends on amount claimed

 Case completed within three(3) months

  •  That no preliminary objections are raised,
  • No adjournments;
  • Parties attend as required.

 Assessment of Claim

Completed statement of claim

Depends on amount claimed

 Twenty(20) minutes

 

 Grant of ex parte judgement

  •  Copy of affidavit of service
  • Original summons
  • Letter requesting judgement

 Payment of a fee of K sh.150.00

 Twenty (20) minutes

Assuming either Chairman or Deputy Chairman is present to sign judgment

Giving of hearing dates

 Production of invitation letter

 Free

 Thirty (30) minutes

That both parties avail themselves and consent to an agreed date.

Issue of warrants of  execution

 Production of decree.Executor be registered with Auctioneers Board of Kenya.

 K sh.875.00.

 Twenty (20) minutes

 Warrants must have been signed by Chairman or Deputy Chairman

Issuance of warrants of arrest

  •  Notice to show cause
  • Affidavit to serve notice to show cause why

 Free

 Twenty (20) minutes

 Warrants are signed by Chairman or Deputy Chairman

 Grant of temporary
injunction

 Application supported by an affidavit

 Depends on nature of request being made i.e. stay of execution

 Thirty (30) minutes

  •  That no major objections are raised.
  • That order is signed by Chairman or Deputy Chairman

 

Note

The high court percentages on fees charged is 5% of the principal which is far higher compared to the fees charged by the Co-operative Tribunal


Advantages of the tribunal mechanism

  • Fast in settling disputes
  • Customer friendly
  • Cheap method
  • Open to members of the public(transparent)
  • Closer to the people through the Provincial registries
  • Specialization in Co-operative matters
  • Ensures a win-win situation
  • Emphasizes justice rather than technicalities of procedure
  • Enforces its own decrees
  • Has qualified personnel with representation from Co-operative Movement itself.

Tribunal sittings

The Tribunal holds its hearings on Tuesdays and Thursdays-8 sittings a month.
Sittings are from 09.30 a.m. to 04.30 p.m.

Assurance And Guarantee

Co-operatives play a vital role in empowering people struggle together economically in order to fight poverty and improve their social economic situations.

Their rights and duties must unequivocally be defined and protected within the context of a well-defined legal frame work.

It is the function of the tribunal, while those rights are violated to stand tall and defend those rights.

It is only in a tranquil and peaceful environment that business can thrive. Co-operatives, like other business institutions deserve no less an environment in which to do business.

Our core values

We assure you that your interests shall be protected by the Tribunal fearlessly in compliance with the following core values:

  • Professionalism
  • Impartiality
  • Fairness
  • Justice
  • Equity and Integrity
  • Transparency
  • Accountability
  • Good conscience and morality

Appeals

Where a party to a dispute is unhappy with the judgment or award given by the Tribunal, he/she has a right of appeal to the High Court of Kenya, but this is purely on a matter of law only.

Commitment

The Tribunal is committed to ensuring that you are served with expedition and in a just and fair manner and without fear or favour.

Making complaints

Any complaints on our services, suggestions or compliments should be addressed to the Secretary through physical address, in person, post, or telephone, or to  Permanent Secretary, Minister or Ombudsman.

Our contact details

The Co-operative tribunal is located at Re-insurance Plaza, 11th & 12th Floor on Taifa Road, Nairobi.
Any service that does not conform to the above standards or an officer who does not live up to
the commitment should be reported to:

The Secretary,
Co-operative Tribunal,
P. O. BOX 40811, Nairobi
Tel: +254-20-2247664
Cell: 0723127264
Fax: +254-20-2253436

Contacts

  • Social Security House, Block A, 17th, 23rd Floor
  • P.O. Box 30418-00100, Nairobi, Kenya
  • Telephone: +254 20-2731531
  • Fax: +254 20-2731511
  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 
    This email address is being protected from spambots. You need JavaScript enabled to view it. 

Ministry of Industrialization And Enterprise Development Facebook   Ministry of Industrialization And Enterprise Development Facebook Twitter   Ministry of Industrialization And Enterprise Development Google-plus   Ministry of Industrialization And Enterprise Development Youtube

Newsletter Subscription

Subscribe to our quarterly newsletter for updates

© 2016 Ministry of Industry, Trade and Cooperatives