Kiduuli v Metropolitan National Sacco Limited [2025] KECPT 269 (KLR)

Kiduuli v Metropolitan National Sacco Limited (Tribunal Case 539/E682 of 2023) [2025] KECPT 269 (KLR) (29 April 2025) (Judgment)

Neutral citation: [2025] KECPT 269 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 539/E682 of 2023

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

April 29, 2025

Between

Emma Nasesia Kiduuli

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. The claim is instituted through a Statement of Claim dated 1. 12. 2022. In the claim, the Claimant alleges that the Respondent owes her Kshs 460,082/= by way of savings.

2. She has filed a notice dated 28. 4.2022 informing the Respondent of her Notice of Resignation from the Respondent.

3. Being a matter for refunds the Tribunal on 12. 6.2024 directed that the matter be canvassed through written submissions. By the time of writing this judgment this Tribunal had not received any documents including the written submissions from the Respondent.

4. The issue for determination is whether the Claimant was a member of the Respondent and that she is entitled to the Kshs 460,082/= claim from the Respondent.

5. The Claimant has filed a written submission on 20. 6.2024 as directed by the Tribunal.

6. The Claimant has also filed documents vide bundle of documents dated 1. 12. 2022. The documents filed are Notices Withdrawal dated 17. 12. 2021 and 28. 4.2022 and he advocates ‘ demand letter to the Respondent dated 6. 10. 2022.

Analysis 7. We observe that the claim figure of Kshs 460,082/= as per the Statement of Claim is not evidenced at all.

8. Despite this Tribunal directing on 12. 6.2024 that parties were to file documents to be used in the trial, including Statements of Accounts, none has been filed at the time of writing this judgment.

9. The Claimant has not made any effort to prove that she is a member of the Respondent

10. Equally she has not proved beyond reasonable doubt that she is owed the claim amount as per the Statement of Claim.

11. The Kshs 460,082/= claim is not supported at all. As per the evidence at Section 107 (i), those who allege must prove.

12. While this Tribunal is not a court of technicalities, we must be vigilant to ensure that claims for refunds are at least supported by a payslip and/or Statement of Account of the Claimant

13. These two documents will assist the Tribunal to establish how much of the claim is deposits and how much is share capital where the parties have not given a breakdown.

14. In this case, the claim figure has not been authenticated despite not being challenged by the Defence.

Conclusion 15. This Tribunal sympathizes with the claimant ideally a Claimant in a refund case should be a straight forward case once the claim amounts is evidenced and broken down where necessary.

16. In this case the Claimant has not demonstrated that she was indeed a member of the Respondent neither has the claim amount of Kshs 460,082/= been supported by any document.

17. Due to the aforesaid shortcomings in the Claimant’s case, this tribunal is inclined to find that the claim lacks merit and therefore dismisses the claim with no orders to costs.

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 JemimahMs. Njeri advocate holding brief for Kanyoro advocate for Claimant.No appearance for Respondent