Anyolo v Chuna Tunda Sacco [2025] KECPT 265 (KLR)

Anyolo v Chuna Tunda Sacco (Tribunal Case 147 of 2020) [2025] KECPT 265 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 265 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 147 of 2020

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

February 27, 2025

Between

Triuphena Angila Anyolo

Claimant

and

Chuna Tunda Sacco

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 15/4/2020 filed on 16/4/2020. The Claim avers on 10/7/2018 the Claim was disqualified through vetting and Respondent published names of the disqualified candidates without giving reasons. Claimant sought to know the reason of Claimant’s disqualification as being default of loan which she had to pay a top up interest. Claimant responded and denied having defaulted any loan repayments and was surprised he was disqualified because she had “allegedly” paid a top interest on a loan she had taken.As a result, the Claimant was excluded from list of qualified candidates for Board membership.

2. On 24/7/2018 immediately after elections on 14/7/2018 Respondent through their Chief Executive Officer responded stating the Board sat on 13/7/2018 requested for documents which could be got through court order. Respondent thus did not bother to respond to Claimant’s letter of appeal dated 10/7/2018. Claimant avers on 14/7/2018. Claimant was served as a letter dated 13/7/2018 from the Commissioner of Co-operataives which letter indicated they had received letter dated 11/7/2018 by the interim chairman and Honorary Secretary of Respondent suing respondent to produce copies of previous by- laws and the Inquiry Report.The issue of the alleged 10% fee top up should be regularized across the board thus the Appellants did not qualify due to the reason …. There is evidence of conning to avoid payment of 10% top up fees.

3. Claimant states the issue of the alleged 10% top up interest is being used to maliciously contest the interest of the Applicant in vying for the elective posts.Claimant applied for vetting through a nomination form for Board elections clearance presented to Respondent on 3/7/2018 and soon after the elections Claimant being dissatisfied with her concerns being ignored wrote officially to the Respondent seeking audience. The Respondent’s Board invited Claimant through a phone call by the Chairman and explained her concerns regarding fraud that had been committed against her by the Respondent. Claimant states all her 10% top up loans were deducted upfront and if there was any erroneous payment the Claimant was never informed.

4. Claim further avers the Chief Executive Officer of Respondent wrote to the Claimant vide a letter dated 5/2/2018 informing her that Preliminary Report was done and she would be invited to shed light. However, she was never invited for the meeting. Later on, she realized there was no report prepared.Claimant also alleges fraud on part of the Respondent which include forging of the Applicant’s signature and alleged withdrawal of Kshs. 378, 000/= which she did not withdraw.The Claimant prays for:a.An order of mandatory injunction against the Respondent from deducting the salary of the Respondent on the purported of 10% fee top up loan.b.A refund of ALL the monies deducted under item (a) above.c.Interest of (b) aboved.Costs of the suit.

5. The Claimant filed list of documents dated 11/3/2021 on 17/3/2021 which documents include:a.A letter from the Deputy vice chancellor dated 10th December, 2019. b.A letter dated 10th July, 2017. c.A copy of claimant’s response letter dated 10th July 2018. d.A copy of claimant’s response letter dated 12th July, 2018. e.A copy of claimant’s response letter dated 24th July, 2018. f.A copy of claimant’s response letter dated 13th July 2018. g.A copy of the respondent’s by-laws.h.A copy of a sample nomination form.i.A copy of claimant’s letter dated 22nd august 2018. j.A bundle copy of claimant’s letter dated 5th December, 2018. k.A copy of the letter dated 14th march 2019l.A copy of the letter dated 15th April, 2019m.A copy of the letter dated 23rd April, 2019n.A copy of the letter dated 30th April 2019o.A copy of the letter marked exhibit ‘TAA’13p.A copy of the letter dated 1st October 2019q.A copy of the letter dated 1st October 2019.

6. Matter came for formal proof hearing on 19/4/2022 where Claimant gave ger evidence and adopted her witness statement dated 15/4/2020 as evidence in chief.She stated her main Complaint against Respondent is the top up 10% fee being deducted by Respondent. She deducted Kshs. 111,931. 80/= and wants a reimbursement. The matter proceeded undefended with Respondent having not entered appearance.With all the documentation produced by Claimant we are convinced that indeed deductions were made from Claimant by Respondent which was unprocedural as such we enter judgment in favour of Claimant against Respondent for:a.An injunction against Claimant for deducting salary of Claimant on the purported 10% fee top up loan.b.A refund of all monies deducted to datec.Plus cost and interest at Tribunal rates from the date of filing the Claim

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahChimei Advocate for ClaimantKimanthi Advocate for RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025