Kamau v Metropolitan National Sacco Limited [2025] KECPT 270 (KLR)

Kamau v Metropolitan National Sacco Limited (Tribunal Case 100/E211 of 2024) [2025] KECPT 270 (KLR) (29 April 2025) (Judgment)

Neutral citation: [2025] KECPT 270 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 100/E211 of 2024

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

April 29, 2025

Between

Simon Wainaina Kamau

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. The claim was instituted by way of a Statement of Claim dated 19/03/2023.

2. The Claimant alleges that he was a member of the Respondent’s Sacco and had savings of Kshs 613,974. 79/=.

3. The Respondent filed a Defence dated 19/04/2024 denying the Statement of Claim and informing this Tribunal that the Sacco has been going through hard financial times and is overwhelmed by the numerous claims for refunds of shares.

4. This being a matter of refunds, this Tribunal on 18/09/2024 directed that the matter be dispensed by way of Written Submissions.

5. On the same day, the Respondent was directed to file List of Documents and Statement by Account of the Claimant.

6. The issue for determination is whether the Claimant is entitled to the Claim of Kshs 613,974. 79 and interest thereon.

Analysis 8. We observe that the Claimant has filed only two documents in support of his case namely: Notice of Withdrawal dated 08/05/2023.

Claimant’s Advocates demand letter dated 25/05/2023 addressed to the Respondent.

9. We further note that this demand letter was received by the Respondent vide a received stamp.

10. It is noted with concern that the Claimant did not file a copy of his payslip or his statement with the Sacco which are critical documents to confirm his membership and savings with the Respondent’s Sacco.

11. In their Written Submissions, the Claimant under Paragraph 17 submits that the Claimant’s membership and savings of Kshs 613,974. 79/= is not denied by the Respondent. The Claimant states that the Claim figure includes shares of year 2022 dividends.

12. We note that the share capital and dividends for 2022 is not evidenced at all – it is just a block figure.

13. In the Respondent’s Written Submissions dated 15/10/2024, the Respondent submits that the Claimant has not proved that he is owed shares, savings or dividends by the Respondent.He submits that shares are non-refundable.

14. The Respondents refers this Tribunal to the Annual General Meeting of 21/04/2022 which allegedly suspended any refunds and that the Respondent has been undergoing financial challenges.

15. The Respondent submits that they can only refund Kshs 2000/= to Kshs 5000/= if this Tribunal finds that the Claimant is owed any monies by the Respondent.

Conclusion 16. We note that the Claim figure of Kshs 613,974. 79/= has not been proved or broken down to show how much is the savings, the share capital and the dividends for the year 2022.

17. We expected that the Claimant would file the basic evidence of membership and savings by way of a payslip as a member Statement from the Respondent Sacco.

18. While this Tribunal is not a court of technicalities a payslip and/or a member statement is necessary as evidence of membership and savings to the Respondents.

19. While sympathising with the Claimant, we note that he did not attach the aforementioned critical documents to support his claim.

20. We finally observe that the Respondent in Paragraph 16 of the Defence denies each and every allegation in the Statement of Claim.

21. In view of the foregoing, we find that the claim is not adequately prosecuted. Documents key to a claim of shares/savings refunds have not been filed despite the Tribunal directions on 18/09/2024.

22. As for Section 107(1) of the Evidence Act...” Those who allege must prove” We find that the Claimant has not proved his case adequately and we are inclined to order that the Claim lacks merit and is therefore dismissed with no orders to cost.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 29. 4.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 29. 4.2025HON. BEATRICE SAWE - MEMBER SIGNED 29. 4.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 29. 4.2025HON. PHILIP GICHUKI - MEMBER SIGNED 29. 4.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 29. 4.2025HON. PAUL AOL - MEMBER SIGNED 29. 4.2025Tribunal Clerk J. KokiNjeri advocate for ClaimantNone appearance for RespondentHON. B. KIMEMIA - CHAIRPERSON SIGNED 29. 4.2025