Angwenyi v Transcom Sacco [2023] KECPT 794 (KLR)

Angwenyi v Transcom Sacco (Tribunal Case 150 of 2017) [2023] KECPT 794 (KLR) (24 August 2023) (Judgment)

Neutral citation: [2023] KECPT 794 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 150 of 2017

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

August 24, 2023

Between

Alfred Somon Angwenyi

Claimant

and

Transcom Sacco

Respondent

Judgment

1. The matter for discussion is a Statement of Claim filed on 13th March 2017 dated 10th March 2017. The same is supported by a Verifying Affidavit filed on 13 March 2017. The Claimant also filed a list of documents that entailed:1. Letter of intention to exit2. Claimant’s copy of pay slip PF 19910569633. Letter dated 2. 12. 20134. Respondent’s letter dated 27th January 2016The Claimant states that he has been a member No. 14543 of the Respondent’s Sacco. He further states that he has contributed shares to the tune of KSH 160,320/= and on or about 2nd December 2013 he issued a letter to the Respondent on notice of termination and refund his shares membership from the Sacco, but the Respondent has failed and or neglected to honor the termination. The Respondent aver that he has served an intention to sue the Respondent.The Claimant seeks for the following relief:a.Ksh 160,320/= being the amount contributedb.Interest in (a) abovec.Dividends to be calculated for the claim from the day of termination and interest thereofd.Costs of this claim

2. In response, the Respondent filed a Statement of Defense on 16th March 2017 dated 13th March 2017. The Respondent denies that the Claimant contributed shares to the tune of KSH 160. 320/= and that he issued a notice of termination, but the Respondent failed and or neglected to honor the Claimant. Further, the Respondent aver that the claim is premature and should be dismissed to its cost. In addition, the Respondent puts the Claimant to strict proof thereof on the alleged shares. In contest to paragraph 4 of the Statement of Claim, the Respondent aver that, it is entitled to deduct Ksh 1,000/= being closure fees and Ksh 5,000/= being institutional shares. It admits the jurisdiction of the Tribunal.

3. Being a claim of refunds, parties were instructed to file written submissions

Claimant’s Written Submissions 4. The Claimant aver that he was a Bonafede member of the Respondent with membership No. 14543 and P/No. 1991056963 and that before his termination, he had shares amounting to Ksh 160,320/= Further, he avers that he avers that he voluntarily withdrew his membership and wrote to the Respondent severally through his then advocate upon which the Respondent wrote a letter dated 27th January 2016 and asked the Claimant to submit an original letter on intentions to withdraw which he avers that he did.Further, the Claimant aver that the Respondent vide a letter dated 23rd July 2019 through his advocate, advanced a cheque of Ksh 40,000/= in favor of the Claimant herein with a promise of a second installment which was never honored.

Respondent’s Written Submission 5. The Respondent filed a Response to Claim dated 14th October 2022 and attached a list of documents dated 14 October 2022 that contained:1. Copy of Payment Voucher2. Copy of the Cover Letter for Payment of the Cheque3. Copy of a Letter Acknowledging Payment4. Copy of the letter of AppointmentThe Respondent admits that the Claimant was one of its members under membership No. 14543 and P/No. 1991056963. It also avers that it has appointed the firm of Wakiaga & Semekia & Company Advocates to enter the record and act on behalf of this matter.The Respondent admits that before the termination of membership of the Claimant, he had contributed Ksh 160,320/= and the Respondent showed goodwill to refund through payment of a cheque of Ksh 40,000/= which was enclosed with a letter indicating that the cheque is part of payment for the Claimant money at the Sacco. Further, the Respondent denies that it has failed to make good the Claimant’s claim and that he is aware that sending the remaining part of the claimed amount, is a matter of procedure as the Claimant’s payment is underway and the matter should not have found its way to court. It also avers that it is a parastatal and that all payments are purely in the best interest of the members. In addition, it states that the Claimant understands the procedure of getting paid that there is no need to file this suit as payment was underway, and that the Claimant’s case should be thrown out with costs.

Issue for Determination Whether the respondent is indebted to the claimant for the alleged sum? 6It is validated that the Claimant was one of the members of the Respondent and before his termination, he had contributed Ksh 160,320/= Herein, the Claimant is entitled to withdraw his shares upon which, he made a request and the Respondent advanced him Ksh 40,000/= forfeiting a balance of Ksh 120,320/= which herein, is the amount owed.

Upshot 7. Judgment is entered in favor of Claimant against Respondent for KSH 120,320/= plus cost and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 24. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 24. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 24. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 24. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 24. 8.2023HON. PAUL AOL MEMBER SIGNED 24. 8.2023TRIBUNAL CLERK JONAHKiboi advocate for ClaimantJohn Kiarie for Transcom Sacco. I am an AdministratorJudgment as read out.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023