Kimemia v Metropolitan National Sacco [2025] KECPT 239 (KLR)

Kimemia v Metropolitan National Sacco (Tribunal Case 36/E058 of 2023) [2025] KECPT 239 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 239 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 36/E058 of 2023

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

February 27, 2025

Between

Serah M Kimemia

Claimant

and

Metropolitan National Sacco

Respondent

Judgment

1. Matter for determination and is Statement of Claim dated 3/2/2023 filed on 17/1/2023. The Claimant notes she was a member of Respondent and on 17/5/2022 she visited Respondent’s office with a withdrawal letter which was dully received by Respondent.Respondent have not refunded the Claimant and Claimant’s claim is for Kshs.369,313. 00/=.The Claimant’s prayers are for:a.The said sum of Kshs. 369,313/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.Claimant filed List of Documents dated 3/2/2023 which include a:-a.Withdrawal letter dated 17/5/2022.

2. The Respondent filed a Statement of Defence stated 6/3/2023 on 10/3/2023. Where the Respondent confirmed Claimant was their Member No. 9592 savings FOSA Account No. 0000313512. However, Respondent denies receiving the notice of withdrawal and as per 2022 Annual General Meeting resolution members agreed to schedule refunds after years.Respondent stated Respondent as liquidity challenges and requests for more time. As a former member the Respondent is bound by its by-laws and Annual General Meeting resolutions.They filed their List of Documents dated 6/3/2023 filed on 10/3/2023 which included “-a.Claimant’s member statementb.Sacco by- lawsc.2019 and 2022 annual general meeting resolutions.d.Any other relevant documents.

2. Parties were directed to file Written Submissions being a refund matter.We also note that the Claimant filed her payslip upon request for the month of March, 2022 which confirms deductions levy done by Respondent herein ie Metropolitan National Sacco and her savings as per March, 2022 stood at Kshs.369, 363. 44/=.As such we are convinced of the Claimant’s claim.

2. The Respondent has denied the utterances of Claimant with no evidence adduced. In absence of any other evidence we are convinced that Claimant indeed was a member of Respondent and as such’-We enter Judgement in favour of Claimant against Respondent for Kshs. 369. 313. 00/= plus cost and interest at Tribunal rates from the date of filing claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahMuinde Advocate for the Claimant,No Appearance for the RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025