MEK SACCO LIMITED V. COUNTY CO-OPERATIVE OFFICER- KISUMU,SUB-COMMISSIONER OF CO-OPERATIVES, ATTORNEY GENERAL & EDWIN KISIA METABEL OPIYO JOSEPHAT KOLA, PETER OLUOCH BENTER

JUDGMENT OF THE COURT

Background

[1] This is an appeal by Mek Sacco Limited (the appellant) against the order of the High Court (Chemitei, J) dated 20^th April, 2016 which allowed the application dated 5^th February, 2016 filed by Edwin Kisia, Metabel Opiyo, Josephat Kola and Peter Oluoch Benter, (the 4^th respondents) as interested parties seeking to be enjoined in the suit filed by the appellant in Misc. Civil Application (JR) No. 11 of 2015 and vacated consent orders of 8^th December, 2015.

[2] A brief background to the appeal is that Samson Chilo Omondi (Samson), Chrispine Otieno Pudo (Chrispine), Margaret Awuor Odhiambo (Margaret) and Francis Ochieng Osure (Francis) were the officials of the appellant until 11^th July, 2015 when the 4^th respondent with the assistance of the County Co-operative Officer, Kisumu (the 1^st respondent) convened a Special General Meeting. The appellant is established under the Co-operative Societies Act. The Sub Commissioner of Co-operatives is the 2^nd responde…