Muli v Kencom Sacco Society Limited (Tribunal Case 568/E579 of 2023) [2025] KECPT 151 (KLR) (30 January 2025) (Judgment)
Neutral citation:
[2025] KECPT 151 (KLR)
Republic of Kenya
Tribunal Case 568/E579 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Japheth Mutuku Muli
Claimant
and
Kencom Sacco Society Limited
Respondent
Judgment
1.Matter for determination is Statement of Claim dated 20.7.2023 filed on 3.10.2023.The Claimant avers he was a member of Respondent Sacco. He joined Respondent Sacco sometime is 2015 and he is member number 4564 old number 6236.As at 23.11.2022 the Claimant had saved up a total of Kshs. 82,962.97/=The Claimant on 23.11.2022 wrote a letter of withdrawal to Respondent however despite notice Respondent has not responded. The claimant claim is for:a.An order compelling the Respondents to refund the claimant his contributions of Kshs. 82,962.97/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 82,962.97/= the accrued dividends and interest from the date of filing of this suit until final payment.c.The liquidated sum of share capital of Kshs. 10,000/=d.Damages for unfairly withholding the claimant’s contributionse.Costs of this suit.f.Any other relief that this Honourable court may deem fit.Claimant filed written statement and List of Documents dated 20.7.2023 filed on 3.10.2023 which documents include:a.Claimant’s Resignation letterb.Claimant’s national identity cardc.Application for membershipd.Claimant’s member statemente.Correspondences between spinners and spinners and the Respondentf.Demand letter
2.The Respondent filed Statement of Defence dated 15.2.2024. the Defence is full of mere denials and no other document have been filed.The matter being one of refunds the Tribunal directed the claim be canvassed by way of written submissionsThe claimant filed written submissions dated 15.10.2024 on 13.1.2024.As at the date of writing this judgment no written submissions had been filed by the Respondents.Having considered the pleadings and written submissions by claimant the issue for determination is whether claimant is entitled to a refund.
3.The Claimant has given their membership number 4564 and submitted the Statement of Account. This confirmed his membership noting respondent did not give any other documents supporting their denial claim.The Statement of Account as at 15.4.2021 the amount was Kshs. 82,962.97/= is not disputed by Respondent.
UpshotJudgment is entered in favour of Claimant against Respondent for Kshs. 82,962.97/= plus costs and interest.Prayer C and D fails.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30.1.2025HON. BEATRICE SAWE MEMBER SIGNED 30.1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30.1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30.1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30.1.2025HON. PAUL AOL MEMBER SIGNED 30.1.2025Tribunal Clerk MutaiAchola advocate for the ClaimantMkhandia advocate for Respondent – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30.1.2025