JUDGMENT OF THE COURT
The appellant partially succeeded before the High Court where W.K Korir, J. declared in its favour that the 1st respondent (the Commissioner) did not follow the law governing elections in co-operative societies when it purported to call for a special general meeting and elections by its letter dated 11th June, 2014. By an order of certiorari, the learned Judge called into court and quashed the decision contained in that letter, thus maintaining the status quo regarding officials of the appellant. The appellant was however aggrieved by the finding of the learned Judge that, although the appellant is incorporated under two statutes, the Companies Act and the Co-operative Societies Act, it is a co-operative society governed by the latter Act; and that in view of that, the Commissioner had jurisdiction over the affairs of the appellant.
The only question we have been asked to answer in the appeal is whether the learned Judge properly construed the relevant provisions …