Ingutia v Metropolitan National Society Limited [2024] KECPT 969 (KLR)

Ingutia v Metropolitan National Society Limited (Tribunal Case E046 (34) of 2022) [2024] KECPT 969 (KLR) (30 May 2024) (Judgment)

Neutral citation: [2024] KECPT 969 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E046 (34) of 2022

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

May 30, 2024

Between

Elphas Winjira Ingutia

Claimant

and

Metropolitan National Society Limited

Respondent

(Coram: Hon. J. Mwatsama- Deputy chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)

Judgment

1. The Claimant was a member of the Respondent Sacco member number 102150 and on 2nd September, 2021 he made an Application to withdraw his membership. As at the time of withdrawing his membership, his deposits stood at Kshs. 78,250/=.

2. The Respondent did not refund his deposits and on 7th February, 2022 he filed this claim to recover his deposits.On 7th March, 2022, the Respondent filed his Statement of Defence which largely admitted to owing the Claimant Kshs. 78,250/= but also indicated the following:i.That the Claimant did not withdraw his membership in accordance with the Respondent’s Sacco by-laws.ii.That the Respondent’s Annual General Meeting had made a resolution where members resolved and agreed to schedule refunds on a first come first serve basis and the claimant as per the refunds roaster will be refunded on 23rd May, 2024, the sum of Kshs. 78,250/=

3. On 15th September, 2023 this Tribunal made orders for the case to be canvassed through written submissions and the same having been complied with, the only question remaining for determination is as to whether the claimant should wait and be refunded as per the refunds roaster.

Should The Claimant Wait To Be Refunded As Per The Refunds Roaster 4. The Respondent has admitted to having liquidity challenges making it impossible to refund all members withdrawing at once as such an action will collapse their Sacco.To facilitate a viable means through which members withdrawing can be refunded their deposits in a manner that does not collapse the Sacco, they have come up with a schedule and that schedule states to the effect that the Claimant is to be refunded on 23rd May, 2024. We have considered the evidence adduced and the circumstances of both parties and hereby order the Respondent to pay the Claimant the sum of Kshs. 78,250/= on 23rd May, 2024. Judgment entered in favour of Claimant against Respondent for Kshs. 78,250/= plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF MAY, 2024. Hon. J. Mwatsama Deputy Chairperson Signed 30. 5.2024Hon. Beatrice Sawe Member Signed 30. 5.2024Hon. Fridah Lotuiya Member Signed 30. 5.2024Hon. Philip Gichuki Member Signed 30. 5.2024Hon. Michael Chesikaw Member Signed 30. 5.2024Hon. Paul Aol Member Signed 30. 5.2024Tribunal Clerk JonahNo appearance by parties.Judgment delivered in absence of parties.Hon. J. Mwatsama Deputy Chairperson Signed 30. 5.2024