WASHINGTON SILVANUS WASHIALI KHWALE V. DISTRICT CO-OPERTAIVE OFFICER, MUMIAS, ATTORNEY GENERAL ALLOYS MANDU, ISAAC ASHUMA, MOSES NABULINDO & WILLIAM KHAKINA

JUDGEMENT OF THE COURT

By a Notice of Motion said to be made under Order 53 Rule 3 (1) (2) Civil Procedure Rules the Appellant, Washington Silvanus Washiali Khwale, as ex-parte Applicant through the Republic prayed:

“THAT prerogative orders of certiorari do issue and remove into this Court and quash the decision of 1^st Respondent to convene special general meeting and instigating the removal of the exparte applicants as members of management committee..”

Named as 1^st and 2^nd respondents were respectively the District Co-operative Officer, Mumias, and the Honourable the Attorney – General. The appellant made the application together with 3 others who withdrew in the course of the proceedings before the High Court of Kenya at Kakamega.

The grounds upon which the Motion was made were that the 1^st respondent had acted ultra vires his powers; that no inquiry as envisaged by Section 58 of the Co-operative Societies Act (Cap 490 Laws of Kenya) had been instituted by the Commissioner of Co-opera…