Magallo v Kencom Sacco Society Limited (Tribunal Case 567/E577 of 2023) [2025] KECPT 164 (KLR) (30 January 2025) (Judgment)
Neutral citation:
[2025] KECPT 164 (KLR)
Republic of Kenya
Tribunal Case 567/E577 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Benther Akongo Magallo
Claimant
and
Kencom Sacco Society Limited
Respondent
Judgment
1.Matter for determination is one of share refunds which parties were directed to file written submissions to dispense off the Statement of Account.The claim was filed via Statement of Claim dated 20.7.2023 filed on 3.10.2023.The Claimant avers to be an employee of Spinners and Spinners Limited and a registered member of Kencom Sacco Society Limited and her membership number is 4854 while her old membership number was 6527.Claimant was a member since 2014 and has been making contributions through her employer that is, Spinners and Spinners Limited as at 15.4.2021 she had saved upto Kshs. 81,146.94/=.
2.On 6.2.2023 Claimant sought to withdraw from Respondent Sacco and via a letter dated 6.2.2023 she requested for a refund of all her savings.She avers since 6.2.2023 to date of filing suit the Respondent has ignored, neglected and refused to refund. As such the Claimant prays:a.An order compelling the Respondents to refund the claimant his contributions of Kshs. 81,146.94/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 81,146.94/= 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.
3.Claimant filed written statement dated 20.7.2023 and Claimant List of Documents dated 20.7.2023 which documents included:a.Claimant’s Resignation letterb.Claimant’s national identity cardc.Claimant’s member statementd.Correspondences between spinners and spinners and the Respondente.Demand letter
4.The Respondent filed a Statement of Defence dated 15.2.2024 where the Respondent denied Claimant wrote the Respondent expressing her wish to withdraw from membership.The Respondent denies owing Claimant Kshs. 81,146.94/= Respondent prays for Claimant suit to be dismissed with costs.No other documents were filed by the Respondent.Parties were directed to file written submissions with Claimant filing their written submissions dated 15.10.2024.
5.The issue for determination having considered the pleadings are:
Issue One
Whether there was Sufficient Notice given to the RespondentOn record we note Claimant gave a notice of withdrawal via letter dated 6.2.2023.With the above letter we find that the notice herein was sufficientIndeed, it is now almost 2 years since the demand was made and Respondent is yet to get her refund back
Issue Two
Whether the Claimant is Entitled to a Refund?The Respondent has simply denied the whole claim. They have not refuted the Claimant’s claim other than mere denials.The Claimant has attached their Statement of Account as at 2.6.2023 and shows the total balance was Kshs. 81,146.94/= this is evidence to confirm her savings.
6.Without any further delays we find this is a straight forward claim the Respondent have not refuted the claim.
UpshotWe find in favour of Claimant against Respondent for Kshs. 81,146.94/= plus costs and interest.Prayers 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