Kinuthia v Metropolitan Sacco Society Ltd [2023] KECPT 1092 (KLR)

Kinuthia v Metropolitan Sacco Society Ltd (Tribunal Case 390 (E521) of 2022) [2023] KECPT 1092 (KLR) (14 December 2023) (Judgment)

Neutral citation: [2023] KECPT 1092 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 390 (E521) of 2022

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

December 14, 2023

Between

Freshiah Waithera Kinuthia

Claimant

and

Metropolitan Sacco Society Ltd

Respondent

Judgment

1. The Claimant’s case is contained in the Statement of Claim dated 7/7/2022, List of Documents dated 5/7/2022 and Claimants Submissions of 1/11/2023, wherein the Claimant is claiming Kshs. 309,368/= from the Respondent.

2. In the List of Documents, the Claimant has produced her pay slip for November, 2020, which reflects the cumulative deductions to the Respondent totaling Kshs. 636,548. 77/=. Her letter of withdrawal dated 18/2/2022 acknowledges that the Claimant had guaranteed some Kshs. 332,180/= in loans.

Defence Case. 3. The Defence case is contained in the Defence Statement dated 1/11/2022 and Respondent’s List of Documents dated 1/11/2022. In the Statement of Defence, the Respondent can confirm that the Claimant is a member of the Respondent; Member No. 11407 and had an account with the Respondent where she was making monthly deposits.

4. The Respondent however denies receiving Claimant’s letter of withdrawal and states that the letter of withdrawal filed in court is not date stamped by the Respondent hence doubting its authenticity.

5. As regards, the Claimant claim of Kshs. 641,548. 70/=, the Respondent denies the figure and puts the Claimant to strict proof thereof. The Respondent states that they have put refunds on hold due to liquidity problem.

Finding/ Conclusion. 6. We find that the Claimant has adequately prosecuted her case. She has filed in court evidence to show that indeed she was deducted monies towards the deposits with the Respondent.On the other hand, the Respondent has merely denied the claim figure without offering an alternative figure after accepting the Claimant was its member.We find that the Claimant has proved her case to the court and that the Response was a mere denial of the claim.We also acknowledge that the Respondent has not denied the Claimant’s calculation of Kshs 641,548. 70/= less Kshs. 332,180/= being loan balance.The net balance as per Claimant is Kshs. 309,368/=.The court finds in favour of the Claimant against the Respondent for Kshs. 309,368/= plus costs and interest at Tribunal rates from the date of filing the Claim.Prayer (b) on dividends from the year 2017 to 2020 has not been proved on a balance of probabilities, hence fails.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 14. 12. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023HON. BEATRICE SAWE MEMBER SIGNED 14. 12. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 14. 12. 2023HON. PHILIP GICHUKI MEMBER SIGNED 14. 12. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 14. 12. 2023HON. PAUL AOL MEMBER SIGNED 14. 12. 2023Tribunal Clerk JonahKorir advocate for the RespondentFreshiah Waithera - PresentKorir advocate – We pray for 30 days stay of execution.Freshiah Waithera- I need the money immediatelyTribunal orders:Respondent granted 21 days stay of execution.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023