Lengou v Metropolitan National Sacco Limited (Tribunal Case 781/E684 of 2023) [2025] KECPT 288 (KLR) (Civ) (5 May 2025) (Judgment)
Neutral citation:
[2025] KECPT 288 (KLR)
Republic of Kenya
Tribunal Case 781/E684 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
May 5, 2025
Between
Fredrick Parsanka Lengou
Claimant
and
Metropolitan National Sacco limited
Respondent
Judgment
1.Directions having been given on 27.4.2025 for the parties to file Statement of Account and/or proof of deductions to enable the Tribunal make a fair determination. We note the Claimant’s filed List of Documents dated 10.4.2025 which gave the Claimant’s pay slip and as at December, 2021, the Claimant had deposits of Kshs. 402,168.75/=.We are guided by the same and note the Claimant despite having an opportunity to file their latest payslip as at the time of denovo did not do so.
2.Further we take note of the Respondent’s Defence which is mere denials and written submissions which focuses on the resolution of 21.4.2022 and an Inquiry Report that is being undertaken by the Respondent for loss of money Respondent further state they can manage monthly installments.
3.Upon perusal of documents before us we are inclined to lie/tilt towards the Claimant’s evidence and as such enter judgment in favour of Claimant against Respondent for Kshs. 402,168.75/= as pleaded plus costs and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5TH 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 MutaiMs. Njeri advocate holding brief for Mr. Kanyoro advocate for the Claimant.No appearance for the Respondent.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 5.5.2025