<p class="ql-align-center"><strong>JUDGEMENT OF THE COURT</strong></p><p class="ql-align-justify">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:</p><p class="ql-align-justify">“THAT prerogative orders of certiorari do issue and remove into this Court and quash the decision of 1^stRespondent to convene special general meeting and instigating the removal of the exparte applicants as members of management committee..”</p><p class="ql-align-justify">Named as 1^stand 2^ndrespondents 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.</p><p class="ql-align-justify">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…</p>