Members of troubled Ekeza Sacco have objected to an application seeking to refer their case to tribunal.
They are opposing an application by the Commissioner of Commission of Co-operative Development Mary Mungai seeking to refer their case to the tribunal.
Through their lawyers James Mamboleo, Simon Mburu and Danson Omari, the officials told the Presiding Magistrate Isaac Orenge, that application is not made in good faith, since it doesn’t fall under Co-operative Development Act.
“The matter before this court is meant to challenge the decision of the commissioner to purport to appoint a management committee to run the SACCO.
“The tribunal lacks jurisdiction to hear the dispute between the Ekeza Sacco and the commissioner whose decision is being questioned,” said Omari.
Omari and other lawyers submitted that it is the court that is in position to interrogate the evidence and not the tribunal.
"The management of the Sacco is purely an internal matter, which the commissioner ought not to interfere with,” the court heard.
Section 76 of the commission act sets out clearly what bit the commission ought to do and not to interfere with Sacco's internal affairs.
What the commission should have done is to respond to the applicant by replying to an affidavit in order to revert allegations raised by members.
The trial magistrate said that pending his ruling next month, the interim orders issued by the court barring the commissioner's appointees will remain in force until then.
The Sacco members approached the court after the commissioner’s committee sought to take over office, a move they say was illegal and unconstitutional.
The current management committee currently headed by David kariuki Ngare.
