JUDGEMENT OF THE COURT
By a Notice of Motion said to be made under Order 53 Rule 3 (1) (2) Civil Procedure Rules the Appellant, Washington Silvanus Washiali Khwale, as ex-parte Applicant through the Republic prayed:
“THAT prerogative orders of certiorari do issue and remove into this Court and quash the decision of 1st Respondent to convene special general meeting and instigating the removal of the exparte applicants as members of management committee..”
Named as 1st and 2nd respondents were respectively the District Co-operative Officer, Mumias, and the Honourable the Attorney – General. The appellant made the application together with 3 others who withdrew in the course of the proceedings before the High Court of Kenya at Kakamega.
The grounds upon which the Motion was made were that the 1st respondent had acted ultra vires his powers; that no inquiry as envisaged by Section 58 of the Co-operative Societies Act (Cap 490 Laws of Kenya) had been instituted by the Commissioner of Co-opera…