Wanjiku v Metropolitan Sacco Limited (Tribunal Case 925/E1035 of 2023) [2025] KECPT 329 (KLR) (Civ) (12 June 2025) (Judgment)
Neutral citation:
[2025] KECPT 329 (KLR)
Republic of Kenya
Tribunal Case 925/E1035 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 12, 2025
Between
Ndungu Josphine Wanjiku
Claimant
and
Metropolitan Sacco Limited
Respondent
Judgment
1.Matter for determination is vide Statement of Claim dated 20/11/2023 filed on 21/12/2023. Claimant avers to be a member of Respondent Sacco and had savings of Kshs 315,000.00 .0n 16/2/2020 she wrote to respondent expressing her wish to withdraw membership, to date the Respondent failed to refund her shares.The Claimant prayer is for:a.The said sum of Kshs. 315,000/=.b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable TribunalClaimant filed List of Documents dated 20/11/2023 on 21/12/2023 which documents included:a.Withdrawal lettersb.payslip
2.The Respondent filed Statement of Defence dated 4/3/2024 filed on 15/3/2024 and denied all averments as claimed by Claimant. they stated Claimant is yet to prove her claim that indeed Respondent have her savingsFurther the Respondent owes claimant did not disclose there was a resolution passed suspending all refunds which is binding to all members. Respondent also states the society is facing financial challenges and is overwhelmed by many applicants seeking to withdraw from society as a result of mismanagement and there is a high court judicial review case pending determination.Respondent pray for Claimant case to be dismissedRespondent filed List of Documents dated 8/8/2024 which documents include:a.Annual general meeting resolutions stopping refundsb.Statement of Accountc.Audited Accounts of Metropolitand.Affidavit of meanse.Any other with leave of court
3.The matter being one of refund the Tribunal directed for the parties to file written submissions as Claimant filed written on 17/12/2024 and Respondent filed written submission dated 20/11/2024The issues for Consideration are:
Issue one
Whether Claimant is a member of Respondent?
Issue Two
4.If any monies are due to Claimant and if so how much?
Issue one
Whether Claimant is a member?
5.The Claimant to prove her membership filed in the list of Documents. The payslips for the month of January 2020 which clearly shows many deductions from TSC towards Metropolitan National sacco.
6.Further her demand/withdrawal letter dated 16/02/2020 was specifically done to Respondent to stop further deduction.
7.The Respondent have not refuted this fact only state the Claimant must prove her case. The Respondent filed list of members seeking refunds which they clearly indicate is not clear.
8.We are thus convinced the Claimant was member of the Respondent as per documents of Claimant.
Issue Two
Whether there is any monies due for claimant and if so how much?
9.As stated in issue no 1 the Respondent documents are clear as to the persons pending refunds.
10.We have looked into the Claimant’s document and confirm as at January 2020 he contributed to respondent was Kshs.315,000/=. Claimant withdrew in February 2020 the Respondent have not indicated whether claimant had any liability if at all.
11.The fact that respondent is facing challenges not reason for the claimant not to receive her refunds.
12.The resolution passed by members also cannot be the claimant from receiving her refund and the said resolution is not stated how long this suspension was for and as if states until defaulted loans have been recovered thus sum is not practical.
Upshot
13.We are convinced the Claimant has a good case the same is merited.
14.We therefore find in favour of Claimant against Respondent for Kshs 315,000/= plus costs and interest.
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 MutaiJudgment delivered in the absence of the parties.Hon. J. Mwatsama Deputy Chairperson Signed 12.6.2025