Gichana v Kencom Sacco Society Limited [2025] KECPT 163 (KLR)

Gichana v Kencom Sacco Society Limited (Tribunal Case 570/E580 of 2023) [2025] KECPT 163 (KLR) (30 January 2025) (Judgment)

Neutral citation: [2025] KECPT 163 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 570/E580 of 2023

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

January 30, 2025

Between

Victor Mweberi Gichana

Claimant

and

Kencom Sacco Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 20. 7.2023 where the Claimant avers he was an employee of Spinners and Spinners Limited and registered member of Respondent herein that is, Kencom Sacco Limited. He is member number 4854 and old number 6527. The Claimant states as at 15. 4.2021 he had saved Kshs. 81,146. 94 and he withdrew from Respondent Sacco on 6. 2.2023 via a letter dated 6. 2.2023. Despite notice the Respondent refused and/or neglected to refund the Claimant herein. The claimant prayers are for:a.An order compelling the Respondents to refund the claimant his contributions of Kshs. 81,146. 94/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 81,146. 94/= the accrued dividends and interest from the date of filing of this suit until final payment.c.The liquidated sum of share capital of Kshs. 10,000/=d.Damages for unfairly withholding the claimant’s contributionse.Costs of this suit.f.Any other relief that this Honourable court may deem fit.

2. Claimant filed witness statement and List of Documents dated 20. 7.2023 filed on 3. 10. 2023. the documents to support are:a.Claimant’s Resignation letter dated 22nd November, 2022b.Claimant’s national identity cardc.Claimant’s member statementd.Correspondences between spinners and spinners and the Respondent(Kencom)e.Demand letterThe Respondent filed Statement of Defence dated 15. 2.2024 where they denied the Claimant’s averments.The parties were directed to file written submissions to dispense off with the claim.Claimant filed written submission dated 15. 10. 2024 while Respondent as of the date of writing this judgment had not filed any written submissions.This matter having been a refund issue the issues are clearIssue oneIs the Claimant a member?Issue twoHow much savings did the claimant have with Respondent

Issue one 3. Is the Claimant a member?The Respondent denied all averments by the Claimants. However, the Claimant gives his membership number 0004854 and proved the same by filing Statement of Account.This clearly shows he was a member.The Respondent have not controverted this position.Issue twoHow much savings did the claimant have with RespondentThe Statement of Account filed under Claimant’s List of Documents which was printed on 2. 6.2023 shows the Respondent had savings of Kshs. 81,146. 94/= with share capital of Kshs. 10,000/=.

4. The share capital is not refundable however the Claimant is entitled to his savings of Kshs. 81,146. 94/- .

As such we are convinced the statement has a case and we enter judgment in favour of Claimant against Respondent for Kshs. 81,146. 94/= plus cost and interest.Prayer C and D fails.

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 MutaiAchola advocate for the ClaimantMkhandia advocate for Respondent – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025