The Co-operative Tribunal is one of the function of the Ministry of Co-operative Development and,
Marketing under presidential Circular No.1 of 2006.
The Tribunal is a quasi judicial body established under the Co-operative Societies Act,
No.12 of 1997 as amended by the Co-operative Societies(Amendment) Act,2004.
Fair and just settlement of co-operative disputes.
To maintain and administer effective and efficient Tribunal for the settlement of
co-operative disputes-cognizant that justice delayed is justice denied.
The Co-operative Tribunal was established under the Co-operative societies Act,
No.12 of 1997 as subsequently amended by the Cooperative Societies
(Amendment)Act,2004 with sole purpose of hearing and settling co-operative disputes.
PARTIES TO A DISPUTE
In order to qualify a dispute for purposes of the Tribunal,
the matter must concern the business of the society;
- among members, past members and persons claiming through members,
past members and deceased members;or
- between members,past members or deceased members; and the society,
its committee or any officer of the society;or
HOW TO BRING A CASE TO THE TRIBUNAL
- between the society and any other co-operative society.
- Any person desiring to file a dispute will be provided with simple
forms free of charge,to fill upon small filing fee.The fees chargeable at
the Tribunal are quite low i.e if a party is not clear about how to fill the forms,
our officers at the Registries are to assist as that is their duty.
- It must be stated that the tribunal has Tribunal has decentralized its services
to the Provincial Cooperative Officers countrywide.There is no need therefore,
to travel all the way to the Nairobi Tribunal Headquarters as the same services
are readily available as the stated Registries.
- The tribunal regularly moves to hear disputes at the Provincial Registries and this has
assisted a great deal in decongesting the Nairobi Tribunal and also reduce the case backlog.
TRIBUNAL SERVICES INCLUDE:-
- Granting ex parte judgments
DECENTRALIZATION OF TRIBUNAL SERVICES
The Tribunal has decentralized services by establishing registries across the Republic, namely
Mombasa, Kisumu, Embu, Nakuru and Kakamega.
Aggrieved parties are advised to seek these services at the registries nearest to them.
COMMITMENTS ON SERVICES DELIVERY
- Advisory services on the nature of the dispute at the Registry will be provided within thirty(30) minutes
and is free.
- Advice on filing statement of claim is free and offered within forty(40) minutes.
- A claim shall be assessed within twenty(20) minutes.
- Documents will be processed within forty(40) minutes.
- Granting of Ex parte judgment where no defense entered will be granted within twenty(20) minutes
upon receipt of letter requesting for it and upon payment of K sh.150.00.
- Hearing dates will be given within thirty(30) minutes.
- Disputes will be heard within three(3) months.
FEES FOR SERVICES
The fees for services at the Tribunal are cheap and therefore affordable,
and are calculated on the following formula.Principal Amount Claimed-(6000)*2%+780+100
However,whatever the claim, the fees does not exceed K sh. 70,000.00.
MATRIX ON CITIZEN SERVICE DELIVERY CHARTER
| SERVICE RENDERED
|| USER CHARGES
| Advisory services on filing claim
|| Presentation of clear and accurate facts by Claimant
Depends on amount claimed
| Case completed within three(3) months
- That no preliminary objections are raised,
- No adjournments;
- Parties attend as required.
| Assessment of Claim
||Completed statement of claim
||Depends on amount claimed
|| Twenty(20) minutes
| Grant of ex parte judgement
- Copy of affidavit of service
- Original summons
- Letter requesting judgement
| Payment of a fee of K sh.150.00
|| Twenty (20) minutes
||Assuming either Chairman or Deputy Chairman is present to sign judgement
|Giving of hearing dates
|| Production of invitation letter
|| Thirty (30) minutes
||That both parties avail themselves and consent to an agreed date.
|Issue of warrants of execution
|| Production of decree.Executor be registered with Auctioneers Board of Kenya.
|| K sh.875.00.
|| Twenty (20) minutes
|| Warrants must have been signed by Chairman or Deputy Chairman
|Issuance of warrants of arrest
- Notice to show cause
- Affidavit to serve notice to show cause why
|| Twenty (20) minutes
|| Warrants are signed by Chairman or Deputy Chairman
Grant of temporary
| Application supported by an affidavit
|| Depends on nature of request being made i.e. stay of execution
|| Thirty (30) minutes
- That no major objections are raised.
- That order is signed by Chairman or Deputy Chairman
Note: The high court percentages on fees charged is 5% of the principal which is far
higher compared to the fees charged by the Co-operative Tribunal
ADVANTAGES OF THE TRIBUNAL MECHANISM
- Fast in settling disputes
- Customer friendly
- Cheap method
- Open to members of the public(transparent)
- Closer to the people through the Provincial registries
- specialization in Co-operative matters
- Ensures a win-win situation
- Emphasizes justice rather than technicalities of procedure
- Enforces its own decrees
- Has qualified personnel with representation from Co-operative Movement itself.
The Tribunal holds its hearings on Tuesdays and Thursdays-8 sittings a month.
Sittings are from 09.30 a.m to 04.30 p.m.
ASSURANCE AND GUARANTEE
Co-operative play a vital role in empowering people struggle together economically
in order to fight poverty and improve their social economic situations.
Their rights and duties must unequivocally be defined and protected within the context
of a well defined legal frame work.
It is the function of the tribunal,while those rights are violated to stand tall and defend those rights.
It is only in a tranquil and peaceful environment that business can thrive.Co-operatives,
like other business institutions deserve no less an environment in which to do business.
OUR CORE VALUES
We assure you that your interests shall be protected by the Tribunal fearlessly
in compliance with the following core values:
- Equity and Integrity
- Good conscience and morality
Where a party to a dispute is unhappy with the judgment or award given by the Tribunal,
he/she has a right of appeal to the High Court of Kenya,but this is purely on a matter of law only.
The Tribunal is committed to ensuring that you are served with expedition and
in a just and fair manner and without fear or favour.
Any complaints on our services, suggestions or compliments should be addressed
to the Secretary through physical address, in person, post, or telephone, or to
Permanent Secretary, Minister or Ombudsman.
OUR CONTACT DETAILS
The Co-operative tribunal is located at Re-insurance Plaza,11th & 12th Floor on Taifa Road, Nairobi.
Any service that does not conform to the above standards or an officer who does not live up to
the commitment should be reported to the Secretary, Co-operative Tribunal, P.O. BOX 40811, Tel: +254-20-2247664
Cell: 0723127264 or Fax: +254-20-2253436 Nairobi.
TRUST US TO SERVE YOU JUSTLY!