Officials of the Kenya Judicial Staff Association have filed a preliminary objection seeking to stop have a case in which a member wants to stop monthly remittances from members.
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KJSA wants the court to stop the case going into full hearing on grounds that the freezing order sought by the petitioner will cripple its activities to the detriment of members. In the objection heard by Justice Hillary Chemitei of Kitale High Court on February 6 2019, the officials also submit that the court lacks the jurisdiction to hear and determine the application.
The association also wants the court to recommend statutory dispute resolution, which they say the petitioner, John Ogutu Kasango, ought to have used in the first place, or reported to the Registrar of Societies.
In his replying affidavit, Kasango, who is based at the High Court registry in Eldoret, however, urges the court to proceed with hearing, and maintains that the court is vested with the requisite jurisdiction to hear and determine the issues raised in the petition.
Kasango who has enjoined 29 other employees in the case. Among other issues, he alleges that since 2013 when the KJSA was formed and registered, the body’s Executive Council has never held an annual general meeting. He also alleges the association’s accounts have never been audited and that the more than 4,000 members who contribute Sh200 each every month have been left in the dark over the association’s activities, “an indicator that the council has been misappropriating funds.”
He now wants the court to order the JSC to stop any further deductions from members, as well as an audit of KJSA’s financial accounts of the past six years.