By Martin Masai

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Day When A Cooperatives Commissioner Conducted Elections Where Non-members Were Elected

The Cooperative Tribunal has nullified elections held on February 20, 2025, by a contested society, citing flawed vetting, participation of non-members, and lack of an official register.

In a judgment delivered virtually in Nairobi, Deputy Chairperson  J. Mwaratsama and members Beatrice Sawe, Philip Gichuki, Michael Chesikaw, Fridah Lotiyia, and P. Aol ruled unanimously that the elections were “null and void.”

The elections were presided over by the Machakos County Commissioner of Cooperatives, Mr. David Nzomo in the company of other officials from the Commissioner of Cooperatives office,Nairobi.

In the end, two non-members of the society -Ms.Janet Nzilani and Harrison Kilonzo Munyao-were elected to the Management Committee, underlining a new level of state- backed impropriety at Katelembu Farming and Cooperative Society.

The case was filed by claimants who argued that the elections had been manipulated through the use of parallel registers and the illegal admission of non-members as voters and candidates. Nzomo admitted using a members register provided by the society Secretary/ Manager Mr. Sebastian Muli after failing to get the membership register which was in the firm grips of the chairman Wilson Muema.

Witnesses further alleged that political interference tainted the process and that notices of the meeting were irregularly issued.

Flawed Process
The tribunal found that while the February 20 meeting had been legally convened by the Commissioner for Cooperative Development, the process of vetting members was fatally defective.

The official members’ register was not availed to the returning officer, leaving the verification process to a secondary list produced by the secretary- manager.

This omission, the tribunal noted, allowed non-members to infiltrate the meeting and participate in the elections. At least two individuals elected as board members were not bona fide members of the society.

Divisions in Membership
Testimony also revealed deep divisions within the cooperative. Some members supported the incumbent management committee led by Mr Wilson Muema, aka Muthungulule, while others backed rival aspirants.

The tribunal observed that such polarization, compounded by disputed membership, was unhealthy for the growth of the society.

Orders Issued
The tribunal ordered:

1. A declaration that the February 20, 2025, elections are null and void.
2. Fresh elections to be conducted under the oversight of the Commissioner for Cooperative Development- Mr Obonyo.
3. The 1st Respondent( Muthungulule) qto surrender the official register of members within seven days to the Commissioner.
4. Each party to bear their own costs.

The judgment followed hearings in which the respondents, led by Mr. Muema (Chairman since 2018),  largely concurred with the claimants. They argued that voting was done through a hybrid of secret ballot and queueing (mlolongo).

Mr Nzomo, who presided over the elections, conceded under cross-examination that he did not have the official register at the time of the polls. This explains how the two strangers slithered into the management committee.

The number of non-members who mostly  likely voted remains unknown.

The ruling now paves the way for new elections, a development expected to end months of wrangling within the society.

It remains to be seen if the same players from the Cooperatives Commissioner’s office who have historically run down the society will preside over an election that will meet not only members’ aspirations but also live upto standards of integrity and good governance set out in Chapter Six of the Constitution.

See the upcoming story in The Anchor

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