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Makokha v Kencom Sacco Limited (Tribunal Case 571/E751 of 2023) [2025] KECPT 266 (KLR) (29 April 2025) (Judgment)

Makokha v Kencom Sacco Limited (Tribunal Case 571/E751 of 2023) [2025] KECPT 266 (KLR) (29 April 2025) (Judgment)
Citation
Makokha v Kencom Sacco Limited [2025] KECPT 266 (KLR)
Media Neutral Citation
[2025] KECPT 266 (KLR)
Court
Cooperative Tribunal
Outcome
Allowed
Case number
Tribunal Case 571/E751 of 2023
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Judgment date
29 April 2025
Language
English
Type
Judgment
Original source file
Download DOCX (33.2 KB)
Collections
Date published
10 May 2025
Case action
Judgment
Filing county
Nairobi
Order
a.Respondent to refund the Claimant Ksh 92,662/= plus interest at Tribunal ratesb.Prayers b, c, d failsc.Costs and interests in the claim at Tribunal rates from date of filing the claim
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1.This claim is instituted through a Statement of Claim dated 28/09/2023 wherein the Claimant is claiming for the following;a.An order compelling the Respondents to refund the claimant his Ksh.92,662 contributions together with any accrued dividends and interestb.Interest at court rates on Kshs. 92,662/=, and the accrued dividends and interest from the date of filing of this suit till final payment.c.Liquidated sum of share capital of Ksh.10,000/=.d.Damages for unfairly withholding the claimant’s contributions.e.Cost of this Suit.f.Any other relief that this Honourable court may deem fit.
2.The Respondent filed a Defence dated 15/02/2024, wherein they deny the claim in its entiretyBeing a savings refund issue, this Tribunal on 01/07/2024 directed that the matter be dispensed through a written submission.
3.By the time of writing this judgement, this Tribunal had only received the Claimant written submissions dated 15/10/2024.In the Claimants’ submissions, the following stand out as the issues for determination;
  • Whether Claimant is entitled to her claim on his savings?
  • Who is entitled to the cost of suit?
Analysis Of Issues
4.This Tribunal is invited to determine the issues raised by the Claimant in the Statement of Claim and the Defence by the ClaimantThe Claimant has filed a member statement for the period August 2017 to April 2021 which indicate a savings balance of the Claimant of Ksh.92,662/= and a Share Capital of Ksh.10,000/= as at August 2017Despite this claim being denied by the Respondent under their Defence, we find that the Claimant has adequately proved his claim as regards the Ksh.92,662/=.As regards the claim on dividends, the Claimant has not proved that the Respondent declared any dividends for the period he was a member.
5.We also note that the Claimant had shares of Ksh.10,000/= but as per the current Cooperative Policy, Share Capital is not refundable.
6.We find that the Claimant has adequately presented his case and in the basis of the foregoing, we find that the claim has merit and we order as below;a.Respondent to refund the Claimant Ksh 92,662/= plus interest at Tribunal ratesb.Prayers b, c, d failsc.Costs and interests in the claim at Tribunal rates from date of filing the claim
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025.HON. B. KIMEMIA CHAIRPERSON SIGNED 29.4.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29.4.2025HON. BEATRICE SAWE MEMBER SIGNED 29.4.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 29.4.2025HON. PHILIP GICHUKI MEMBER SIGNED 29.4.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 29.4.2025Tribunal Clerk JemimahNo appearance by the parties. HON. B. KIMEMIA CHAIRPERSON SIGNED 29.4.2025
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