Co-operative Tribunal (Practice and Procedure) Rules (Cap. 490)

2. In these rules, unless the context otherwise requires- "chainnan" means the chairman of the Co-operative Tribunal; "Tribunal" means the Co-operative Tribunal established under the Act. SavlDI d lhe 3. Nothing contained in these Rules shall limit or otherwise affect inherelll power of tile Tribunal. the inherent power of the Tribunal to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal. Di.,1lJ1'dof 4. The Tribunal shall have power and discretion to decide all teChniea1il~ matters before it with due speed and dispatch without undue regard to technicalities of procedure. fonus lInd fees. 5.TbeTnbunal may prescribe such forms and fees as it may deem necessary. for purposesof these Rules.

6. The provisions of the Civil Procedure Rules shall apply in Cop.21.Sub.Le, respect of the proceedings of the Tribunal.

7. (I) The chairman or the deputy chairman shall have tbe power to give directionsfor - (a) furnishingof further particulars or supplementary statement; (b) filingand exchange of documents; (c) framingof issues; and and other directionsas are necessary 10 enable the parties to prepare for the hearing or to assist the Tribunal to determinethe issues. (2) The chairman or the deputy chairman, in matters before the Tribunal. shall have the same power as is vested in the Registrar or llepuly R~8icttmr whf!>1'e <;imilar mllt~r<il ~rf!o ~fnl'e fh". High Couet and OIp.2-I-, S~b.\e&. shall exercise the power, mutatis mutandis, in accordance with the Civil Procedure Rules. Appeals. 8. (I) Every appeal to the Tribunal shall be in the form of a memorandum of appeal signed in the same manner Q3 a pleading. (2) The memorandum of appeal shall set forth concisely and under distinct heads the grounds of objection to the decision appealed against, without any argument or narrative. and such grounds shall be number ell (;lJlI:.~uLiV1;I)', (3) At the time of filiIJg the memorandum of appeal or before setling down the appeal for hearing. the Appellant shall file a record of appeal in five sets and serve all parties.The record of appeal, properly indexed and paginated,shall contain: (a) the memorandum of appeal; (b) the inquiryorder; (c) the Inquiry and/or inspection report; (d) the minutes of the general meeting whose decision is appealed against; Kenya Sabsidtar» Legislation. 2009 211 (e) the notice of intention to surcharge: (j) the surcharge order; and (g) any other relevant documents.

9. A claim, olher than an appeal under the Act, shall be instituted S~fof ...J.:Bm. by way of a statement of claim sigrwd boy the claimant or his advocate or other duly authorized agent. setting out corrcisely the nature of the claim and the grounds upon which it is based, supported by a verifying affidavit signed by the claimant

10. (I) The statement of claim together with the verifying affidavit and summons to enter appearance shall be served on the respondent (2) The respondent shall file a memorandum of appearance within fifteen days of service with the documents stated under sub rule (I) and a statement of defence within a further fifteen days. J I. (I) All interlocutory applications made to the Tribunal shall be by Chernbcr Summons or Noti~ of Motion sigll«J by tb~ clalment, his advocate or a duly authorized agent, supported by an affidavit. (2) A party served with a Chamber Summons or a Notice of Motion may file a replying affidavit Or grounds of opposition. However, any pany who oesires to be neam and appears to tne Tribunal to be a proper parry to be heard, may be heard, despite failure to file replying affldavit or grounds of opposition.

12. The mode of service shaH, unless the Tribunal otherwise directs, be personal and in every case, an affidavit of service shall be filed as evidence of the service by an authorized process server.

13. At the close of pleadings, every part)' to the claim shall within thirty days, or before setting down the suit for hearin.!!. file with the Tribunal, five sets of all documents that the patry intends to rely on and serve all the parties to the claim at least fourteen days before the hearing.

14. The Claimant may, at llny time afwr close of pleadings. and upon giving reasonable notice to every respondent who bas appeared, set the suit down for hearing.

15. Subject to section 76 of the Act, the Tribunal shall have the Substillllion and addiliollof discretion to add or strike out parties to the claim, PIUlies. J6. At the bearing, the evidence shall be in narrative form but the HeariJlg of "Jaims. Tribunal shall be at liberty to lake down Questions and answers verbatim.

17. Ajudgernent, order or award made expane under these Rules Sdllll'8 aside jlldsemen1• may,on application, be set aside on such tenns as may be just ~QI' llWIUd.

18. Subject to any provisions of any law for the time being in Costs. force, the Tribunal shall have the power to determine the puny or person to bear the costs, or out of which property and to what extent, the costs shaH be paid: 2J8 Kenya Subsidiary Legislation. 2009 Provided that the costs of any claim or issue shall follow the event unless the Tribunal shall for good reasonotherwise order. InlCresl. 19. (I)Where and in so far as a decree is for the payment of money, the Tribunal may, in the decree, order interest at such rate as the Trihunal deelll~ ri>;l'\<;()"ahle to be paid on the prlndpal sum adjudged from the dareof filing the claim to the date of the decree, plus any interest accruing on the principal from the period before the institution of the suit, and on the aggregate sum so adjudged, such. further interest from the date of the decree to the date of full payment or to such earlier date as the Tribunal thinks fit. (2) Where such a decree is silent with respect to the payment of further interest on such aggregate sums as aforesaid from the date of the decree to the date of payment or other earlier date. the Trihmml shaH be deemed to have ordered interest at the prevailing court rates.

20. The Tribunal shall cause to be prepared a register with regard to any disputes or appeals before the Tribunal containin8 the following rmrti('JIII\J'!l- (a) the names of the parties; (b) the serial number: (c} 0000 of ~"tiJlJ tll/1ppeal; (d) the relief sought; and (e) the final determination or order and the date thereof.

21. (1) The principal registry of the Tribunal shall be at Nairobi. (2) There shall be provincial registries at Mombasa, Kisurnu, Nakuru, Nyeri, Embu, Kakarnega, Garissaand such other places as the Chairman in his discretion determine from lime to time. (3) The Tribunal shall conduct sessions or hearings at the principal registry and any of the other registries. Savings 22. (l) AJI proceedings pending before the Tribunal immediately Prmri"toD~ before the commencement of these rules may be continued and concluded as if they had been commenced under or by virtue of these Rules. (2) Every decree, order or award of the Tribunal which immediately before the commencement of these rules had not been executed or enforced shall be executed or enforced in the same manner as if it were a decree or order of the Tribunal made in accordance with these Rules.

23. These Rules may be amended from time to time as the Tribunal may direct. Madeon die 12m May, 2009. J. L. OLE KlPURY, Chairman. Co-operastve Tribunal.