Ministry of Cooperative Development & Marketing

INTRODUCTION /FUNCTION

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.

LEGAL BASIS

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.

VISION

Fair and just settlement of co-operative disputes.

MISSION

To maintain and administer effective and efficient Tribunal for the settlement of
co-operative disputes-cognizant that justice delayed is justice denied.

PREAMBLE

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

• between the society and any other co-operative society.

1. 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.
2. 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.
3. 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:-

• Advisory services

• Assessment of claims

• Custody of documents

• Processing of documents

• Granting ex parte judgments

• Giving hearing dates

• hearing disputes

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

1. Advisory services on the nature of the dispute at the Registry will be provided within thirty(30) minutes
   and is free.
2. Advice on filing statement of claim is free and offered within forty(40) minutes.
3. A claim shall be assessed within twenty(20) minutes.
4. Documents will be processed within forty(40) minutes.
5. 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.
6. Hearing dates will be given within thirty(30) minutes.
7. 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

 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.

 TRIBUNAL SITTINGS

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:

• Professionalism
•  Impartiality
• Fairness
• Justice
• Equity and Integrity
• Transparency
• Accountability
• Good conscience and morality

 APPEALS

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.

COMMITMENT

The Tribunal is committed to ensuring that you are served with expedition and
in a just and fair manner and without fear or favour.

MAKING COMPLAINTS

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!