Bosire v Harambee Savings & Credit Co-operative Society [2025] KECPT 214 (KLR)

Bosire v Harambee Savings & Credit Co-operative Society (Tribunal Case 58 of 2021) [2025] KECPT 214 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 214 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 58 of 2021

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

February 27, 2025

Between

Mark Nyakeri Bosire

Claimant

and

Harambee Savings & Credit Co-operative Society

Respondent

Judgment

1. The matter for determination is based on the statement of claim dated 19/1/2021 along side the claimant witness statement, documents, claimants written submissions and he hearing of the case on 1/8/2022. In the statement of claim, the Claimant avers that at the time he retired, he had share of Kshs. 215,467/=. Exclusive of dividends and interest as tabulated by the respondent. The Claimant states that the Respondent used his deposits to offset a Kshs 150,979/= loan. The Claimant avers that he has not been provided with a loan agreement for this loan. The claimant states that on 11/11/2020, he was paid kshs 53,500/= leaving a balance of Ksh.16. 501/=. In the Claimant’s witness statement, the claimant states that his claim is for kshs 53,500/= being balance of his shares and dividends. The claimed filed submission undated where he claims for: Unpaid shares Kshs 161965

Accrued interest.

2He has explained how the claim figure of Kshs 161,965/= is arrived at. The Claimant filed his witness statement dated 19/1/2021 explained the Kshs 16,965. 44/= claim. The Claimant has filed relevant documents, to support his case, which include notice to withdraw tabulation of his shareholding among others.

3The Claimant’s case was heard on 1/8/2022 where the Claimant adopted his statement as his evidence in chief. The Claimant again explained how teh balance he is claiming was arrived at. In his written submissions the claimant has stated that the statement provided by the Respondent in respect tot eh claimant’s savings of Kshs. 215,467. 14/= is not disputed and avers that this is the basis of the Claimant’s case. The Claimant admits he was refunded kshs 53,500/= leaving a balance of kshs 161147. 14/=.

Respondent’s Case. 4The Respondent’s case is based on the defence dated 10/5/2021, witness statement dated 19/1/2021, and documents dated 10/5/2021. In their defence, the Respondents avers that the Claimants net payable is shs 53,495. The Respondent further states that the Claimant was paid dividend for the years 2015 and 2019. The position is reinforced by teh respondent witness statement. The Respondent has filed relevant documents in support of his case, which include claimant’s loan appraisal form and claimants account statements among others. The defence case came for hearing non 15/11/2023 but did not proceed since the Respondent witness was not in court, compelling the Tribunal to order the Respondent case closed and ordered for Written Submissions. At the time of writing this Judgment, the Respondent had not filed their Written submissions as directed by the Tribunal.

Analysis/Conclusion 5We find that the Claimant has explained how the claim amount of Kshs 161,965. 14/= was arrived at. The Claimant admits part refund of his shares of kshs 53,500/=, leaving a balance of kshs 16,501. 36/=. The Claimants savings with the Sacco as per statement issued by the Respondent is kshs 215,467. 14/= and is not disputed. From the documents filed in this tribunal this Tribunal finds that the Claimant has proved his case on a balance on probabilities of probabilities on the following tabulation. Claimants’ savings- Kshs 215,467. 14/=

Savings refunded Kshs 53,500/=

Balance owing to the Claimant Kshs 161,967/=.

6We observe that the Respondent did not defend their statement and documents in court despite having the opportunity to do so. Int eh circumstance we to enter Judgment in favour of the Claimant against the Respondent and order as follows: -a.Respondent to refund claimant Kshs 161,965. 14 and interest at the tribunal rates from the date of filing claim.b.Cost of suit.

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.MutaiMokaya for ClaimantSandra Kavaji for RespondentSandra Advocate - I pray for 30 days, stood over generally.Mokaya advocate - No objectionOrder: 30 days stood over generally granted.