Kiboi v Bob Morgan Sacco Society Limited [2025] KECPT 256 (KLR)

Kiboi v Bob Morgan Sacco Society Limited (Tribunal Case E002 of 2022) [2025] KECPT 256 (KLR) (29 April 2025) (Judgment)

Neutral citation: [2025] KECPT 256 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E002 of 2022

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

April 29, 2025

Between

Sostena Ntabo Kiboi

Claimant

and

Bob Morgan Sacco Society Limited

Respondent

Judgment

1. The matter for determination is a Plaint dated 1st February 2022 in which the Claimant claims that he was a member of the Respondent and that he made savings. The Claimant avers that he claims Kshs. 105,000/- from the Respondent being savings accumulated and dividends and damages. The claimant therefore prays fora.Refund of Kshs. 105,000/=b.Interest on (a) above at court rates from December 24, 2020 till settlementc.Dividends and interest owing as at the date of judgmentd.Damagese.Costs of the suit.The Claim is accompanied by a witness statement, and documents in support of the claim.

2. The Respondent entered appearance on 18th February 2022, and filed a Statement of Defence dated 4th March 2022 in which they admit that that the Claimant was its member and that it has never served a withdrawal notice, and that they dispute the refunds claimed by the Claimant.

3. The matter was canvassed by way of written submissions and hence there was no hearing.

4. Both partied filed submissions.

5. In their submissions, the Claimants reiterated their statement of Claim and urged this court to enter judgement for the Claimant. They submitted that the Claimant issued a notice of withdrawal dated 8th March 2021 and therefore the notion that the Claimant’s claim is premature is not founded.

6. In their submissions, the Respondents submitted that the Claimant had savings of Kshs. 104,000/=, and that he was partially refunded Kshs. 30,000/- on 8th May 2021. They also submit that Kshs. 1,000/- is non refundable member deposit, and urges this Tribunal to find that the Claimant is entitled to Kshs. 74,000/-

Analysis 7. This Tribunal has considered the pleadings, documents and the submissions of the parties.

8. The question, that this Tribunal now asks itself is whether the Claimant has sufficiently proved his claim on a balance of probabilities and if he is entitled to a refund.

9. It is not in dispute that the Claimant is a member of the Respondent. It is also not in dispute that the Claimant resigned from his employment and withdrew from the Sacco. It is also not in dispute that the Claimant had payments of Kshs. 105,000/= to the Respondent and that he had been repaid Kshs. 30,000/= on May 8, 2021. It is a rule of Cooperative that the share capital is not refundable, which in this case is Kshs. 1,000/- out of the balance of Kshs. 75,000/-. Indeed the Respondent urges this court to find that the Claimant is entitled to a refund of Kshs. 74,000/-.

10. The Claimant did not adduce evidence on how he is entitled to dividends and damages, the same which must be specifically prayed and proven. The prayers for these items therefore, fail.

11. Flowing from above, we find merit in the Claimants Claim and order as follows-a.Immediate refund of Kshs. 74,000/- to the Claimantb.The Claimant is awarded costs of this suit together with interest from date of filing suit at Tribunal rates until payment in full.

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. 4.2025Tribunal Clerk JemimahOuma advocate for Claimant.No appearance for RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 29. 4.2025