Kariuki v Metropolitan Sacco Society Limited [2025] KECPT 331 (KLR)

Kariuki v Metropolitan Sacco Society Limited (Tribunal Case 699/E376 of 2023) [2025] KECPT 331 (KLR) (12 June 2025) (Judgment)

Neutral citation: [2025] KECPT 331 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 699/E376 of 2023

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

June 12, 2025

Between

Monica Njeri Kariuki

Claimant

and

Metropolitan Sacco Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 04/05/2023 filed on 02/11/2023. Claimant states she is a member of Respondent under membership No. 22784. She claims to have saved with Respondent Kshs. 397,000 as at the time of her withdrawal.Claimant avers her last contribution was in March 2019 and gave notice in May 2021. She claims Respondent promised to refund her money 1 year from then but as to the time of filing suit no refund had been done. She gave the requisite 2 months’ notice and her prayer is this:a.An order compelling release of shares and/or savings back to the Claimant.b.Costs of the suit.c.Interest on (i) above at court’s rates and any other relief the tribunal may deem fit and just to grant.

2. Claimant also filed List of Documents not dated filed on 02/11/2023 which documents included:a.Demand letter dated 7. 5.2021b.Demand letter dated 21. 10. 2022c.Pay slip for February & March,2019d.Others to be stated with leave of court

3. The Respondent filed a Statement of Defence dated 08/12/2023 denying the averments by the Claimant Statement. Claimant has not proven the Respondent holds her savings.The Respondent further avers Claimant has not disclosed there was a resolution passed by the Respondent in an Annual General Meeting suspended all refunds.Further Respondent sates they are facing financial turmoil and are overwhelmed by the many withdrawals as a result of mismanagement by previous committee and there is a Judicial Review application pending hearing and determination from the High Court. As such the Claimant’s Claim is to be dismissed.

4. Parties were directed to file Written Submissions to dispose off with the Claim.

5. As at the date of writing this Judgement parties had not filed their Written Submissions.

6. Issue for determination are two.Issue OneWhether Claimant was a member of Respondent’s Sacco?Issue TwoWhether Claimant is entitled to refund of Kshs. 397,500. 00 as claimed.Issue One

Whether Claimant is a member of Respondent’s Sacco. 7. Claimant filed List of Documents undated filed on 02/11/2023 which list had payslips for February and March of 2019.

8. The said document shows the payslip and deduction being made to the Respondent’s Sacco. Why then would deductions be Made if Claimant was not a member?

9. The deductions towards Respondent confirm Claimant was a member.

Issue Two Whether Claimant is entitled to her refund of Kshs. 397,500. 10. The payslips in Claimant’s List of Documents confirm that deductions and payslip of March 2019 reflects her deposits to be Kshs. 397,500/=.

11. Before we award we note the Claimant had a loan with Respondent. However, the Respondent in their Defence, do not refer to the Claimant as having any liabilities any despite the Tribunal directions the Respondent to file Claimant Statement of Account on 15/07/2024 while giving directions to dispose off the matter in a bid to ascertain the exact amount owing to the Claimant the Respondent failed to do so.

Upshot 12. As such in absence of any contrary evidence we are inclined to enter Judgment in favor of Claimant against Respondent for Kshs. 397,500/= plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 12. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 12. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 12. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 12. 6.2025HON. P. AOL MEMBER SIGNED 12. 6.2025Tribunal Clerk MutaiNo appearance by parties.Judgment delivered in the absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025