REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO. 513 OF 2018
JACOB KIBITI KIREMA.......................................CLAIMANT
-VERSUS-
CAPITAL SACCO SOCIETY LIMITED.........RESPONDENT
RULING
1. The Applicant filed a Notice of Motion Application dated 21st April, 2021. In the said Application, the Applicant is seeking Stay of proceedings, awaiting the outcome of MERU HCCC No. 18 of 2019.
2. In opposition of the aforesaid Application, the Respondents filed a Replying Affidavit dated 11th May 2021, deponed by one Jacob Kibiti Kirema. Parties were directed to proceed by way of written Submissions, which directions were complied with.
3. We have read and considered the Pleadings and elaborate submissions of both parties, which have assisted this Tribunal to come to the determination of these present issues.
4. There is filed a cause in MERU HCCC No. 18 of 2019, which substantively deals with the same subject matter, and there is a question therein on spousal consent, which ought to be determined by the High Court, and whose outcome will give the case before this Tribunal a bearing.
5. We are thus persuaded that the Application is meritorious, as the issues raised therein would be best adjudicated by the High Court in Meru, for which reason we allow the Application dated 21st April, 2021.
ORDERS
We therefore Order as follows:
a. The Applicant’s Application dated 21st April, 2021 be and is hereby allowed;
b. This Tribunal hereby does issue a stay of proceedings in this case, awaiting the outcome in MERU HCCC No. 18 of 2019.
c. Costs be in the cause.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF OCTOBER, 2021
Hon. B. Kimemia Chairperson Signed 7.10.2021
Hon. J. Mwatsama Deputy Chairperson Signed 7.10.2021
Mr. P. Gichuki Member Signed 7.10.2021
Mr. B. Akusala Member Signed 7.10.2021
Tribunal Clerk R. Leweri
Karanja for the Respondent
Otieno for Claimant – no appearance
Hon. J. Mwatsama Deputy Chairperson Signed 7.10.2021