Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
CO-OPERATIVE SOCIETIES ACT
THE CO-OPERATIVE TRIBUNAL (PRACTICE AND PROCEDURE) RULES
LEGAL NOTICE 59 OF 2009
- Published in Kenya Gazette Vol. CXI—No. 47 on 29 May 2009
- Commenced on 29 May 2009
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Rules may be cited as the Co-operative Tribunal (Practice and Procedure) Rules.2. Interpretation
In these Rules, unless the context otherwise requires—“chairman” means the chairman of the Co-operative Tribunal;“Tribunal” means the Co-operative Tribunal established under the Act.3. Saving of the inherent power of the Tribunal
Nothing contained in these Rules shall limit or otherwise affect the inherent power of the Tribunal to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal.4. Disregard of technicalities
The Tribunal shall have power and discretion to decide all matters before it with due speed and dispatch without undue regard to technicalities of procedure.5. Forms and fees
The Tribunal may prescribe such forms and fees as it may deem necessary, for purposes of these Rules.6. Application of Civil Procedure Rules (Cap. 21 Sub. Leg.)
The provisions of the Civil Procedure Rules (Cap. 21, Sub. Leg.) shall apply in respect of the proceedings of the Tribunal.7. Powers of chairman and deputy chairman
8. Appeals
9. Statement of claim
A claim, other than an appeal under the Act, shall be instituted by way of a statement of claim singed by the claimant or his advocate or other duly authorized agent, setting out concisely the nature of the claim and the grounds upon which it is based, supported by a verifying affidavit signed by the claimant.10. Service of statement of claim
11. Interlocutory applications
12. Mode of service
The mode of service shall, unless the Tribunal otherwise directs, be personal and in every case, an affidavit of service shall be filed as evidence of the service by an authorized process server.13. List of documents
At the close of pleadings, every party to the claim shall within thirty days, or before setting down the suit for hearing, file with the Tribunal, five sets of all documents that the party intends to rely on and serve all the parties to the claim at least fourteen days before the hearing.14. Setting down claim for hearing
The claimant may, at any time after close of pleadings, and upon giving reasonable notice to every respondent who has appeared, set the suit down for hearing.15. Substitution and addition of parties
Subject to section 76 of the Act, the Tribunal shall have the discretion to add or strike out parties to the claim.16. Hearing of claims
At the hearing, the evidence shall be in narrative form but the Tribunal shall be at liberty to take down questions and answers verbatim.17. Setting aside judgement, order or award
A judgement, order or award made ex parte under this Rules may, on application, be set aside on such terms as may be just.18. Costs
Subject to any provisions of any law for the time being in force, the Tribunal shall have the power to determine the party or person to bear costs, or out of which property and to what extent, the costs shall be paid:Provided that the costs of any claim or issue shall follow the event unless the Tribunal shall for good reason otherwise order.19. Interest
20. Registers
The Tribunal shall cause to be prepared a register with regard to any disputes or appeals before the Tribunal containing the following particulars—21. Principal registry
22. Savings provisions
23. Amendment of rules
These Rules may be amended from time to time as the Tribunal may direct.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
29 May 2009
Commenced