Charles v Metropolitan National Sacco Ltd (Tribunal Case 200/ E273 of 2023) [2024] KECPT 1702 (KLR) (31 October 2024) (Judgment)
Neutral citation:
[2024] KECPT 1702 (KLR)
Republic of Kenya
Tribunal Case 200/ E273 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 31, 2024
Between
Wasike Mabele Charles
Claimant
and
Metropolitan National Sacco Ltd
Respondent
Judgment
1.The matter for determination is a Statement of Claim dated 3rd April 2023 in which the Claimant claims that he was a member of the Respondent being member number 25391. The Claimant avers that he withdrew from membership in the year 2022 and is yet to receive his savings amounting to Kshs. 407,386.72/-. The claimant therefore prays for :a.An order compelling the Respondent herein to refund the Claimant his shares amounting to the sum of Kshs. 407,386.72/=.b.Costs of this suit.c.Interest on (a) and (b) above at court rates until payment in full.The Claim is accompanied by a Witness Statement, and List of Documents in support of the claim.
2.The Respondent filed a Statement of Defence dated 4th May 2023 in which they admit that the Claimant is its member. They deny that they did not receive a withdrawal request form from the Claimant. Further, they contend that despite receiving the demand notice, they could not act on the same owing to the 2022 Annual General Meeting resolution of stopping further refunds due to liquidity challenges.
3.The matter was canvassed by way of submissions and hence there was no hearing.
4.In their submissions, the Claimants submitted that they have proven their case on a balance of probabilities and that judgement should be entered in their favour.
5.At the time of writing this judgement, the Respondent had not filed submissions.
Analysis
6.This Tribunal has considered the submissions by the Claimant and the documents filed by the parties.
7.This Tribunal sympathizes with the Respondent’s financial situation. However, on the other hand, in matters of refunds, is a member’s right to his deposits. The Co-operative Societies Act is clear on the concept of voluntary membership to a Co-operative Tribunal. As long as the Co-operative society is in operation, and has not gone into liquidation, it is expected to honor its obligation to its members. The good thing is that refund claims are liquidated sums, and the Respondent can go after, when it has regularized its books and brought order into operations.
8.The question, that this Tribunal now asks itself is whether the Claimant has sufficiently proved his claim on a balance of probabilities and if he is entitled to a refund.
9.The Claimant has produced his payslips and the payslip for May 2022 shows the Claimant to have savings of Kshs. 407,386.72. This figure is not disputed or controverted by the Respondent.
10.Flowing from above, we find merit in the Claimants Claim and order as follows-a.Kshs. 407,386.72/- to the Claimantb.The Claimant is awarded costs of this suit together with interest from date of filing suit at Tribunal rates until payment in full.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF OCTOBER, 2024.HON. B. KIMEMIA CHAIRPERSON SIGNED 31.10.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31.10.2024HON. BEATRICE SAWE MEMBER SIGNED 31.10.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 31.10.2024HON. PHILIP GICHUKI MEMBER SIGNED 31.10.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 31.10.2024HON. PAUL AOL MEMBER SIGNED 31.10.2024Tribunal Clerk JemimahNamukhulu holding brief for Khaemba for ClaimantMs. Benson holding brief for Gitonga Muriuki for RespondentMs. Benson for Respondent – I pray for 30 days stay of executionMs. Namukhulu- No objectionOrder- 30 days stay of execution granted.HON. B. KIMEMIA CHAIRPERSON SIGNED 31.10.2024