Skip to document content Go to main menu Go to search

Nyongesa v Metropolitan National Sacco Limited (Tribunal Case E524 of 2024) [2025] KECPT 322 (KLR) (12 June 2025) (Judgment)

Nyongesa v Metropolitan National Sacco Limited (Tribunal Case E524 of 2024) [2025] KECPT 322 (KLR) (12 June 2025) (Judgment)
Citation
Nyongesa v Metropolitan National Sacco Limited [2025] KECPT 322 (KLR)
Media Neutral Citation
[2025] KECPT 322 (KLR)
Court
Cooperative Tribunal
Outcome
Allowed
Case number
Tribunal Case E524 of 2024
Attorneys
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Judgment date
12 June 2025
Language
English
Type
Judgment
Original source file
Download DOCX (33.7 KB)
Date published
23 June 2025
Case action
Judgment
Filing county
Nairobi
Order
Judgment is entered in favour of claimant against Respondent for Kshs. 93,503.40/- Plus cost and interest from date of filing suit.
Skip to document content
1.Matter for determination is Statement of Claim dated 26.6.2024 the Claimant avers she was a member of Respondent by virtue of membership number 48048. He avers as at June 2024 Claimant had savings of Kshs. 113,500.00/=.Claimant avers he had cleared all his loans and had not guaranteed any loan.Claimant’s claim is for:a.The sum of Kenya Shillings one hundred and thirteen thousand, five hundred and seventeen (kshs.113,500/= being shares and deposits as at June, 2024.b.Interest on (a) above at commercial rates from September, 2023 until payment in full.c.Costs of this suit.d.Any other relief the court deems fit to grant.
2.The Claimant filed witness statement which shall be used as Claimant’s Evidence – in-chief and Claimant filed list of documents dated 24.6.2024 filed on 17.7.2024 which includes:a.Claimant’s National Identity Card.b.Claimant’s letter of withdrawal from Sacco dated 3rd June 2024.c.Claimant’s Statement of Accounts as at June 2024.d.Claimant’s Sacco membership withdrawal request form signed and dated 3rd June, 2024.e.Demand letter dated 11th June 2024
3.The Respondent filed a Statement of Defence denying the claim. They state Claimant has not proved Respondent has his savings or deposits. Further the Respondent state the claimant has not disclosed there was a resolution of Annual General Meeting suspending all refunds to allow Sacco to have sound financial position.Respondent further avers Claimant has not proved that he has paid any outstanding loan. Also Respondent avers they have a case at the Judicial Review in High Court which is pending hearing and determination. The Respondent requires a structured approach to handle the cases.As such Respondent prays for the Claimant claim to be dismissed.
4.Claimant filed written submissions dated 5.12.2024 on 6.3.2025 and filed their Bundle of Authorities dated 5.12.2024 on 6.3.2025. As at the date of writing judgment Respondent had not filed written submissions. Matter is dispensed by way of written submissions as per the court’s directions of 12.11.2024.Having considered the pleadings of both parties the issues for determination areIssue OneWhether claimant was member of Respondent?Issue TwoWhether the claimant is entitled to refund of kshs.113,500/=?
5.Issue oneWhether Claimant was a member of Respondent?Claimant in his list of documents filed a Statement of Account dated 3.6.2024 and has member number 48048 with claimant’s details.The 3rd document to prove he was a member is his job description number 20425707 with his name Joseph Nyogesa Omitto which is the name of Statement of Account and withdrawal form.The Respondent have not denied the Claimant’s was not their member and only state she has not proved he ought to be refunded.As such we find claimant was a member of Respondent.
6.Issue twoWhether claimant is entitled to refund of Kshs. 113,500/=The Respondent deny claimant is entitled to the figure of Kshs. 113,500/= Claimant filed his Statement of Account dated 3.6.2024 which is from Respondent and the same shows his savings as Kshs. 93,503.44/= and a share deposit of Kshs. 20,000/= we note that the share deposit to any society is not refundable.The Claimant rightly put in his withdrawal request on 3.6.2024.To the time of filing suit respondent had not refunded.In response the Respondent did not deny they owe the Claimant Kshs.113,500/= their contention was:a.Claimant did not disclose about a resolution suspending the refunds.The issue the tribunal has with this resolution the respondent have not stated when it was passed and for how long the same suspension would go for.b.Respondent have a judicial Review case in High Court – no citation has been given to the case and neither do we have the discretion for the said case on whether it affects the claimant’s case or not.c.Financial liquidity- the Respondent’s financial soundness is neither here nor there. Respondent have not stated they are no longer receive funds from present members or how they plan to pay up the claimant herein.The claimant rightly saved with Respondent and now wants to withdraw as per the By-laws.
7.We are satisfied the Claimant has proved his case and as such award as per the Statement of Account.
8.Judgment is entered in favour of claimant against Respondent for Kshs. 93,503.40/- Plus cost and interest from date of filing suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12.6.2025HON. BEATRICE SAWE MEMBER SIGNED 12.6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 12.6.2025HON. PHILIP GICHUKI MEMBER SIGNED 12.6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 12.6.2025HON. P. AOL MEMBER SIGNED 12.6.2025Tribunal Clerk MutaiWafula advocate for the Claimant.Metropolitan Sacco – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12.6.2025
▲ To the top