The Cabinet Secretary for Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development Hon Simon Chelugui has appointed new members to the Co-operative Tribunal. This is as the Kenya Government seeks to speed up reforms in the Co-operatives sector.
In a gazette notice Vol. CXXV—No. 65, dated 17th March 2023, the CS appointed Michael Chesikaw, Beatrice Sawe, Phillip Gichuki, Fridah Lotuiya and Paul Otieno Aol as members of the Co-operative Tribunal, for three years, with effect from the 23rd February 2023.
These appointments were made in exercise of the powers conferred on the CS by Section 77(1) of the Co-operatives Act.
Notable among the new appointees is Philip Gichuki, who held the position of Commissioner for Co-operatives during the past Jubilee administration.
The new appointments come at a time when the Co-operative Tribunal is rushing to clear matters that are pending before it.
This co-operatives tribunal quasi-judicial body is a specialized court established under section 77 of the Co-operative Societies Act, Chapter 490 of the laws of Kenya.
 The tribunal enjoys exclusive and unlimited geographical and pecuniary jurisdiction in all co-operative disputes in Kenya with its decisions only appealable to the High Court within 30 days of its ruling or award.
The body routinely holds its sittings in Mombasa, Nakuru, Kisumu, Nyeri, Kakamega, Meru and Embu in a scheduled calendar of sessions that cover the whole year.
The tribunal was first established in 1997 and domiciled in the Ministry for Co-operatives but has since opened its doors to the public since 2002.
In 2010, the Constitution of Kenya placed all tribunals under the Judiciary.
Tribunals are bodies established by Acts of Parliament to exercise judicial or quasi-judicial functions. They supplement ordinary courts in the administration of justice. Tribunals, however, do not have penal jurisdiction.
Tribunals, like the courts, have to respect the Bill of Rights in their decisions and not be repugnant to justice and morality or be inconsistent with the Constitution or other laws of the land. Most tribunals are subject to the supervision of the High Court.
The Cabinet Secretary for Industry, Trade and Co-operatives appoints the chairperson of the Co-operative Tribunal.
The Co-operatives tribunal has jurisdiction to hear disputes among members, past members and persons claiming through members of cooperatives, 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.
The tribunal has a total membership of eight members on the board.  A chairman and deputy chairman are appointed by the Cabinet Secretary on the nomination of the Judicial Service Commission.
Three persons with at least ten years of experience in the field of cooperative management and practice are appointed to the tribunal by the Cabinet Secretary.
For purposes of hearing and determining any cause or matter, the chairman and two members of the tribunal shall form a quorum.
Provided that where for any reason either or both of the members are not present for any part of the hearing, the jurisdiction of the tribunal may be exercised by the chairman, sitting either with one such member or alone as the case may be.
Notwithstanding any other provision of the Act, the chairman of the tribunal acting alone shall have jurisdiction to deal with temporary injunctions.
The co-operatives tribunal is located at the Reinsurance plaza, 11th & 12th floor on Taifa Road, Nairobi.
