Ruling
1. Upon the applicant’s Notice of Motion dated 2nd June 2026 coming up for directions before Lady Justice Mwanaisha S Shariff this 11th day of June 2026, I have perused the same, the affidavit in support thereof sworn on even date by Daniel Ndaba, the annexures attached thereto and the certificate of urgency issued by Delson Ojong’a, on even date and I note that the applicant has cited the tribunal’s delay of 19 days in uploading the ruling in the CTS as one of the contributing factor to it’s own delay in lodging an appeal. Further that the applicant is not in a position to satisfy the garnishee order absolute. The applicant has however, not adduced any evidence to support it’s counsel’s indisposition after his discovery of the impugned ruling. I therefore find that no urgency has been demonstrated and I thus direct as follows :
i) This application is not certified as urgent.
ii) The same be served within 3 days and responses be filed and served within 7 days from the date hereof.
iii) The applicant to file and serve written submissions within 17 days and the respondents to do so within 27 days from the date hereof.
iv) Mention on 9.7.2026 to confirm compliance.
v) An order of stay of execution is hereby granted against the ruling delivered on 2nd April 2026 by Hon J. Mwatsama the Chairlady of the Co-operative Tribunal at Nairobi in Tribunal Case No. E184 of 2025, until 9th July 2026.
Given under my hand and seal of this court at Milimani this 11th day of June 2026.
M. S. Shariff
Judge
1. Upon the applicant’s Notice of Motion dated 2nd June 2026 coming up for directions before Lady Justice Mwanaisha S Shariff this 11th day of June 2026, I have perused the same, the affidavit in support thereof sworn on even date by Daniel Ndaba, the annexures attached thereto and the certificate of urgency issued by Delson Ojong’a, on even date and I note that the applicant has cited the tribunal’s delay of 19 days in uploading the ruling in the CTS as one of the contributing factor to it’s own delay in lodging an appeal. Further that the applicant is not in a position to satisfy the garnishee order absolute. The applicant has however, not adduced any evidence to support it’s counsel’s indisposition after his discovery of the impugned ruling. I therefore find that no urgency has been demonstrated and I thus direct as follows :
i) This application is not certified as urgent.
ii) The same be served within 3 days and responses be filed and served within 7 days from the date hereof.
iii) The applicant to file and serve written submissions within 17 days and the respondents to do so within 27 days from the date hereof.
iv) Mention on 9.7.2026 to confirm compliance.
v) An order of stay of execution is hereby granted against the ruling delivered on 2nd April 2026 by Hon J. Mwatsama the Chairlady of the Co-operative Tribunal at Nairobi in Tribunal Case No. E184 of 2025, until 9th July 2026.
Given under my hand and seal of this court at Milimani this 11th day of June 2026.
M. S. Shariff
Judge