SETTLEMENT OF DISPUTES THROUGH COURTS FOR CO-OPERATIVE SOCIETIES

SETTLEMENT OF DISPUTES

Appeal to High Court

Any party to the proceedings before the Tribunal who is aggrieved by any order of the Tribunal may, within thirty days of such order, appeal against such order to the High Court:
Provided that the High Court may, where it is satisfied that there is sufficient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think fit.
(2) Upon the hearing of an appeal under this section, the High Court may—
(a) confirm, set aside or vary the order in question;
(b) remit the proceedings to the Tribunal with such instructions for further consideration, report, proceedings or evidence as the court may deem fit to give;
(c) exercise any of the powers which could have been exercised by the Tribunal in the proceedings in connection with which the appeal is brought; or
(d) make such other order as it may deem just, including an order as to costs of the appeal or of earlier proceedings in the matter before the Tribunal.
(3) The decision of the High Court on any appeal shall be final.

Power to appoint co-operative assessors
The Chairman of the Tribunal may appoint any person with special skills or knowledge on co-operative issues which are the subject matter of any proceedings or inquiry before the Tribunal to act as an assessor in an advisory
capacity, in any case where it appears to the Chairman that such special skills or knowledge are required for proper determination of the matter.
Contempt of Tribunal
It shall be an offence for any person to engage in acts or make omissions
amounting to contempt of the Tribunal and the Tribunal may punish any such
person for contempt in accordance with the provisions of this Act.
Remuneration of members of Tribunal
There shall be paid to the Chairman and members of the Tribunal such
remuneration and allowances as the Minister shall, from time to time determine.
Appointment of secretary to Tribunal
The Minister shall appoint a public officer to be the secretary to the Tribunal who shall be paid such allowances as the Minister shall determine.
No person shall be appointed under subsection (1) unless he holds the qualification specified under sections 12 and 13 of the Advocates Act (Cap. 16).

Powers to establish benches of Tribunal
The Minister may establish one or more benches of the Tribunal in any part of Kenya as he deems appropriate and shall for that purpose provide for the constitution and jurisdiction of such benches, in consultation with the Chairman of the Tribunal.
Right of parties before Tribunal
Any person who is a party to the proceeding before the Tribunal may appear in person or be represented by an Advocate.
Immunity
(1) The Chairman or other members of the Tribunal shall not be liable to be sued in a civil court for an act done or omitted to be done or ordered to be done by them in the discharge of their duty as members of the Tribunal, whether or not within the limits of their jurisdiction:
Provided they, at the time, in good faith, believed themselves to have jurisdiction to do or order the act complained of.
No officer of the Tribunal or other person bound to execute the lawful warrants, orders or other processes of the Tribunal shall be liable to be sued in any court for the execution of a warrant, order or process which he would have
been bound to execute if within the jurisdiction of the Tribunal issuing it.

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