BY SAM ALFAN.
The Commissioner of Cooperative Development has been barred temporarily from removing eleven management committee of Ekeza Sacco Society Limited from office.
Senior Resident Magistrate Maryanne Murage of Commercial court stopped commissioner Mary Mungai from removing management committee members namely Chairman David Kariuki Ngari, Vice Chairman James Kimani Wanjuu, Member Lydia Nyaguthii , secretary Anne Bombua, Treasurer Mark Nyagah, Supervisory committee chair Samuel Mwaura Kariuki , Supervisory committee Grace Wanjiru Muthari and Supervisory committee Josephat Gathege Kariuki pending the hearing and determination of the application before court.
This is after eleven committee members through lawyer Danstan Omari and Ady Mamboleo filed a case under certificate of urgency seeking the commissioner of society to be restrained from removing the above members from management committee of Ekeza Sacco Society Limited from office.
The magistrate further restrained the commissioner by herself, her officers from installing a new management committee of Ekeza Sacco Society limited comprising Nairobi region Chairman Charles Macharia Mage ,Nyeri region vice chairman Sammy Macharia , Nakuru region Stephen Ndung’u Thou, Treasurer Peter Njuguna and Committee member James Warutere Mwangi.
They argued that if the court does not intervene on an urgent basis the affairs of the Ekeza Sacco shall be liable to neglect, plunder and wastage which shall diminish and obliterate the value of the members’ investment.
The Saccos members claims that Ekeza management is about to be overthrown by the commissioner of society leaving its affairs in an uncertain state open to loss, plunder and at the mercy of the vagaries of neglect.
“On February 5, 2019 , the management committee of commissioner of society at direction of the Ekeza sacco issued a notice convincing a special general meeting on February 21,2019 to be held at Kasarani sports center at ,10:00 am whose agenda was the presentation of the inquiry report,” says lawyer Omari.
They further said that enquiry report was not at the special general meetings at all and the proceedings of the special general meeting ignored the agenda of removal of the validly and without basis delved into extraneous matters.
The members added that the special meeting was misguided by the commissioner of society officers into conjuring up and executing a mischievous nonexistent agenda of removal of the validly elected management committee members comprising of Chairman David Kariuki Ngari, Vice Chairman James Kimani Wanjuu, Member Lydia Nyaguthii , secretary Anne Bombua, Treasurer Mark Nyagah, Supervisory committee chair Samuel Mwaura Kariuki , Supervisory committee Grace Wanjiru Muthari and Supervisory committee Josephat Gathege Kariuki.
Lawyer Omari further told the court that the special general meetings was misguided by officers of the Ekeza Sacco into conducting election or appointment of an interim management committee conspiring Nairobi region Chairman Charles Macharia Mage,Nyeri region vice chairman Sammy Macharia , Nakuru region Stephen Ndung’u Thou, Treasurer Peter Njuguna and Committee member James Warutere Mwangi.
They claimed that the commissioner actions violated basic natural rights of the management committee members and it’s members.
“The defedant, in spite of several requests by the plaintiffs, has neglected or refused to release a report on the findings of the inquiry the defedant launched into the activities of David Kariuki Ngari,” said the committee management members.
The commissioner illegal actions will expose the Ekeza Sacco Society Limited and David Kariuki Ngari to irreparable damages.
They added the wholesale removal of management committee members and without justification expose the sacco to loss of institutional memory and continuity in the running of the affairs of the sacco.
They added that commissioner actions were punctuated with irrationality and fixated on arriving at a predetermined objective of grabbing the affairs of the Ekeza sacco from the lawfully elected management committee
