Kiiru v Kencom Sacco Society [2024] KECPT 1170 (KLR)

Kiiru v Kencom Sacco Society (Tribunal Case E174 of 2022) [2024] KECPT 1170 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1170 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E174 of 2022

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

July 25, 2024

Between

Francis Irungu Kiiru

Claimant

and

Kencom Sacco Society

Respondent

Judgment

1. The matter for determination is a Statement of Claim dated 10th March 2022 and filed on 12th April 2022. In the Statement of Claim, the Claimant avers that he was a member of the Respondent by virtue of his employment with Kenya Commercial Bank Limited. The Claimant claims that he sought to withdraw from the Respondent on 21st September 2020 through an email addressed to the Respondent and to which the Respondent responded informing him to wait till 90 days lapse before he is refunded his deposits per the by-laws of the Respondent. The Claimant avers that he only received Kshs. 54,527/- from the Respondent and a balance of Kshs. 201,000/- is owing.

2. The Claimant’s claim is accompanied by the resignation letter, a letter acknowledging resignation and promising to pay within 90 days, a demand letter, and a statement of account.

3. The Claimants claim that the Respondent failed to refund his deposits after the 90 days, and efforts to demand the same have been futile. The Claimant is aggrieved by this failure and prays for;a.The principal sum of Kenya Shillings Two Hundred and one Thousand (Kshs.201,000/=.b.Interest on the principal sums in (a) from 22nd December 2020. c.Compensation for the illegal holding of the due sums in (a) resulting to financial prejudice on the Claimant.

4. The Respondent filed a Statement of Defence in which he denies all the allegations of the Claim. There are no accompanying documents in support of the defense.

5. Being a matter of refunds, the parties were directed to file Written Submissions. The Claimant filed Written Submissions dated 27th February 2024.

6. As of the date of writing this judgment, the Respondent had not filed their Written Submissions. As such, the matter for determination is whether the Claimant is entitled to his refund of Kshs. 201,000/=. It is not disputed that the Claimant made contributions to the Respondent as the Respondent admits this in their Defence. The Respondents also admit the repayment of Kshs. 54,527/- to the Claimants.

7. The Claimant filed a member statement as part of his list of documents. The member statement is a partial one from 31st August 2017 to 26th May 2021. From the statement, the Claimant has no loans with the Respondent. The statement also indicates the share partial refund of Kshs. 54,527/- paid by the Respondent to the Claimant. This is not countered by the Respondent, and neither did the Respondent file an alternative statement.

Upshot. 8. Judgment is entered in favour of the Claimant against the Respondent for Kshs 201,000/= plus costs and interest at Tribunal rates from date of filing.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS25TH DAY OF JULY, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 25. 7.2024HON. PAUL AOL MEMBER SIGNED 25. 7.2024TRIBUNAL CLERK JONAHDELIVERED IN THE ABSENCE OF THE PARTIES.HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024