PATRICK OKUKU, KENNEDY ECHESA, GABRIEL ATOKO, GEORGE AMBUCHE, BASIL KHALUMIMISANGO, FRANCIS WASHIKA, ALPHONCE BWIRE & MUMIAS OUTGROWERS COMPANY (1998) LTD V. JAMES KUTSUSHI ATINDO, MUSA CHICHOLE MAHERO, DAVID ASHIALIAJUMA, ISAIAH MUSUNGU NAMBIKHWA, COLUMBUS MAKHOKHA SHIUNDU, FREDRICK MUMIA WANGARA, ZADOCK WAYWERA OKAMULO, PRISCILLAH W. WAMUKOYAH & MARTIN KADIMA MULAMA

JUDGMENT OF THE COURT

This judgment relates to four interlocutory appeals that were consolidated on 21st January 2015 under rule 103 of the Court of Appeal Rules. Three of the appeals, namely Civil Appeal Nos. 242 of 2011, 186 of 2012 and 90 of 2012 arose from two rulings in Kakamega High Court Civil Suit No. 122 of 2011. The first’ ruling was by Kimaru, J. and is dated 4th November 2011, while the second was by Chitembwe, J. and is dated 5th March 2012. Civil Appeal No. 198 of 2012 arose from the ruling and order of Chitembwe, J. dated 17th July 2012 in Kakamega High Court Civil Suit No. 3 of2012.

The parties in all the appeals are the same, save in CA No 198 of 2012 where there are a few additional parties. The issues involved in all the appeals are fairly similar, intertwined and interrelated, all revolving around disputes in the sugar industry in Kenya and in particular the membership, management and operations of Mumias Outgrowers Company (1998) Limited (MOCO). With the consent of …