Ayoti v Nairobi Women’s Hospital Sacco [2025] KECPT 203 (KLR)

Ayoti v Nairobi Women’s Hospital Sacco (Tribunal Case 77. E136 of 2024) [2025] KECPT 203 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 203 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 77. E136 of 2024

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

February 27, 2025

Between

Desderius Kiana Ayoti

Claimant

and

The Nairobi Women’s Hospital Sacco

Respondent

Judgment

1. Matter for determination is statement of claim dated 14th February 2023 filed on 4th March 2024. The Claimant avers he was a Member of Respondent Society from 2011 to 19th November 2021 through which he served Kshs 708,823/=. Vide a letter dated 19th November 2021, the Claimant withdrew from the Respondent Sacco and wished to be paid back their money.

2. As at the time of filing suit, the Respondent had only refunded Kshs.400,000/=. Claimants claim is thus for:a.Payment of share deposit in the sum of Kenya shillings Kshs. 308,823/=.b.Payment of dividends for the year 2021 Kshs. 35,000/=c.Interest from 1st March 2022 at 16. 06% until full paymentd.Interest on (a) and (b) above at court rates from the date the above sum fell due.e.Costs of the suit.

3. The Claimant’s list of documents dated 14th February 2021 which included;a.A copy of the Claimant’s letter of withdrawal from the Respondent’s Sacco dated 19th November 2021. b.A copy of the claimant’s correspondence with the Respondent’s human resource officer regarding payment of his savings.c.A copy of claimant’s advocate letter of demand dated 26th April, 2023 addressed to the Respondent’s Sacco.

4. The Respondent did not enter appearance and default judgement was entered on 13th June 2024 and matter came up for formal proof hearing.

5. Matter came for formal proof hearing on 17th February 2025 and adopted their witness statements and her further statement dated 30th August 2024 as evidence in chief. He produced his documents and were marked exhibit 1 – 2 and further list of documents dated 30th August 2024 which was produced as exhibit No. 3.

6. Document dated 14th February 2023 filed on 4th March, 2024 were also produced as exhibit No 4 which was evidencing payment of dividends of Kshs.35,000/=. Claimant stated he did not have the audited accounts. She stated she used the kshs. 20,000/= audited accounts.

7. Being an issue of refunds and default judgement having been entered, the Claimant was to prove their claim for dividends payable.

8. Dividend payable in any given year are as can only be accounted for in the Annual Audited Accounts for the society. We take cognizance of the fact that audited accounts are public documents which can easily be procured from the commissioner’s office if at all. The Claimant’s assertions that the Respondent refused to give him a copy of the audited accounts is neither here nor there.

9. As such in absence of evidence of the dividends payable over the years.Default judgment entered on 13th June 2024 is upheld for Kshs 308,823/- plus costs and interest at Tribunal’s rates from the date of filing claim and prayer for dividends fails.

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. 2.2025Tribunal Clerk J. MutaiMwangi holding brief for Omari for ClaimantNo appearance for Respondent