AGADVOKS GLOBALKENYA · ENGLISH
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Co-operative Societies Act

80. Quorum for Tribunal

Edition: 2023-12-11 · In force

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80. Quorum for Tribunal

(1)For the purposes of hearing and determining any cause or matter under this Act, the Chairman and two members of the Tribunal shall form a quorum.Provided that where for any reason either or both of the members is or are not present for any part of the hearing, the jurisdiction of the Tribunal may be exercised by the Chairman, sitting either with one such member or alone as the case may be.
(2)A member of the Tribunal who has a direct interest in any matter which is the subject of the proceedings before the Tribunal shall not take part in those proceedings.
(3)Any matter considered by the Tribunal shall be decided by the votes of the majority of the members constituting the Tribunal and voting, and the person presiding shall have a casting as well as a deliberative vote:Provided that any point of law arising in any proceedings before the Tribunal shall be reserved to, and pronounced upon, by the person presiding exclusively.
(4)Notwithstanding any other provision of this Act, the Chairman of the Tribunal acting alone shall have jurisdiction to deal with temporary injunctions.
(5)Any power conferred or duty imposed by or under this Act on the Chairman may, unless a contrary intention appears, be exercised or performed by the Deputy Chairman of the Tribunal if:—
(a)the Chairman is unable to exercise or perform that power or duty owing to illness or absence;
(b)the Chairman authorises the Deputy Chairman to exercise or perform that power or duty.
[Act No. 2 of 2004, s. 38.]
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Source: Kenya Law