Barini v Metropolitan National Sacco Ltd [2025] KECPT 103 (KLR)

Barini v Metropolitan National Sacco Ltd (Tribunal Case 76/E187 of 2024) [2025] KECPT 103 (KLR) (30 January 2025) (Judgment)

Neutral citation: [2025] KECPT 103 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 76/E187 of 2024

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

January 30, 2025

Between

Benard Machungo Barini

Claimant

and

Metropolitan National Sacco Ltd

Respondent

Judgment

1. The matter for determination is a Statement of Claim dated 4th March 2024 in which the Claimant claims that he withdrew from membership of the Respondent on 8th January 2024 and is yet to receive his savings amounting to Kshs. 229,859. 38/-. The Claimant therefore prays fora.The said sum of Kshs. 229,859. 38 being total shares contributions.b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.The Claim is accompanied by a Witness Statement, and Documents in support of the claim.

2. The Respondent filed a Statement of Defence dated 19th April 2024 in which they contend that the Claimant has not sufficiently established that the Respondent is in possession of her shares and or deposits. They further aver that the Respondent has been through so much financial turmoil, and is overwhelmed by various Applicants seeking to withdraw from the society.

3. The matter was canvassed by way of submissions and hence there was no hearing.

4. In their submissions, the Claimants submitted that they have proven their case on a balance of probabilities and that judgement should be entered in their favour.

5. Respondents did not file submissions.

Analysis 6. This Tribunal has considered the submissions of the Respondent and the documents filed by the parties.

7. This Tribunal sympathizes with the Respondent’s financial situation. However, on the other hand, in matters of refunds, is a member’s right to his deposits. The Co-operative Societies Act is clear on the concept of voluntary membership to a Co-operative Tribunal. As long as the Co-operative society is in operation, and has not gone into liquidation, it is expected to honor its obligation to its members. The good thing is that refund claims are liquidated sums, and the Respondent can go after, when it has regularized its books and brought order into operations.

8. The question, that this Tribunal now asks itself is whether the Claimant has sufficiently proved his claim on a balance of probabilities and if he is entitled to a refund.

9. The Claimant has produced a statement dated 1st August 2024. The Respondent has not disputed this statement, and this Tribunal is inclined to belief that it was extracted from the Claimant's account with the Respondent. The Claimant has not provided us with the calculations of how it came up with the claim amount of Kshs. 229,859. 58/-, and therefore this court will enter judgement on the value on the face of the statement.

10. Flowing from above, we find merit in the Claimants Claim and order as follows-a.Immediate refund of Kshs. 209,859. 38/- to the Claimantb.The Claimant is awarded costs of this suit together with interest from date of filing suit at Tribunal rates until payment in full.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025HON. BEATRICE SAWE MEMBER SIGNED 30. 1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30. 1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 1.2025HON. PAUL AOL MEMBER SIGNED 30. 1.2025TRIBUNAL CLERK MUTAIBernard Machungo Barini- PresentMetropolitan Sacco – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025