Kavita v Metropolitan National Sacco Limited (Tribunal Case 773/E1043 of 2023) [2025] KECPT 285 (KLR) (5 May 2025) (Judgment)

Neutral citation: [2025] KECPT 285 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 773/E1043 of 2023

BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

May 5, 2025

Between

Felix Muthengi Kavita

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1.Matter for determination is Statement of Claim dated 20.11.2023 filed on 21.11.2023. The Claimant avers he is a member of Respondent member number 14145.He says he had savings of Kshs. 448,000/= he wished to withdraw from Respondent and on 8.5.2023 he withdraw from being a member of Respondent.The Respondent have not refunded the Claimant and claimant’s prayers are for:a.The sum of Kshs. 448,000/=b.Interest at commercial rates of 14% per annum from 8^th May,2023 until judgment or at such rate and for such period as the Tribunal thinks fit.

2.Claimant filed her Witness Statement dated 20.11.2023 and List of Documents dated 20.11.2023 on 21.11.2023.Respondent filed Statement of Defence dated 2.2.2024 on 11.3.2025.Matter being one of refunds the tribunal opted for the same to be canvassed by way of written submissions Claimant filed written submissions and Respondent filed their written submissions on 24.9.2024 which are dated 19.9.2024.

3.Having looked into the pleadings the issue to be determined is whether the Claimant is entitled to their refund.The Claimant stated he was a member and rightly gave his membership number. The Respondent did not deny his membership neither that he had saved the said amount. The Respondent in paragraph states the society has been through so much turmoil, financial challenges and is overwhelmed and seeks for time to make payment in a more structured approach to handle the outstanding matters.The question there is-Has the Claimant sufficiently proved his claim on balance of probability?The Claimant has only filed his demand letter and his letter dated 8.5.2023.This only evidence the demand and not him being a member on that deductions were made.

4.We note the matter being one of refund, was to be canvassed by way of written submissions. It is for this reason we find it that Claimant may not have been able to adduce evidence. The Tribunal being on that is not bound by technicalities. We involve Order 16 Rule 1 Civil Procedure Rule.“at any time before the trial conference under order II the parties may obtain on application to the court or to such officer as it appoints on his behalf, summons to persons whose attendance is required either to give evidence or to produce document….” to enable us make a fair determination of the matter herein.

Tribunal order

1.Claimant to file their Statement of Account and proof of deductions 7 days from today.

2.Judgment on 29.4.2025.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5^TH DAY OF MAY, 2025.HON. B. KIMEMIA CHAIRPERSON SIGNED 5.5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 5.5.2025HON. BEATRICE SAWE MEMBER SIGNED 5.5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 5.5.2025HON. PHILIP GICHUKI MEMBER SIGNED 5.5.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 5.5.2025HON. P. AOL MEMBER SIGNED 5.5.2025Tribunal Clerk MutaiChacha advocate holding brief for Mr. Kanyoro advocate for the Claimant.Gitonga Muriuki advocate for the Respondent -No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 5.5.2025