Whistleblower Nelson Amenya alleged a few weeks ago that KUSCCO hired and paid Sh20 million to Cecil Miller, a lawyer, to defend it in dubious cases. This has now come to pass as the lawyer filed a case attempting to stop a special AGM without following the correct procedure for filing a case.
The opposing side has now filed an objection seeking to terminate the case on account of the failure to follow procedure—a rookie mistake even a first-year law student wouldn’t make.
The case is taking place at the Co-operative Tribunal in Nairobi.
KUSCCO, through lawyer Cecil Miller, made an application, but the Housing Cooperative disagrees and has filed a formal objection, known as a Preliminary Objection.
Their objection states that the current case contains legal mistakes and cannot proceed as filed.
They argue that the application violates important legal rules about how cases must be initiated and handled, specifically rules in the Civil Procedure Act and the Civil Procedure Rules, which guide Kenyan courts.
The Housing Cooperative contends that the type of order KUSCCO seeks—an injunction, which is a court order to stop something from happening—cannot result from the kind of application KUSCCO filed.