Macharia v National Hospital Insurance Sacco Society Limited [2023] KECPT 1086 (KLR)

Macharia v National Hospital Insurance Sacco Society Limited (Tribunal Case 727/E774 of 2022) [2023] KECPT 1086 (KLR) (14 December 2023) (Judgment)

Neutral citation: [2023] KECPT 1086 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 727/E774 of 2022

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

December 14, 2023

Between

Regina Waithera Macharia

Claimant

and

National Hospital Insurance Sacco Society Limited

Respondent

(Coram: Hon.B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)

Judgment

Claimant Case 1. The Claimant’s case is built on the Statement of Claim dated 8/8/2022, Claimant’s Witness Statement dated 8/8/2022 and Claimant’s Written Submissions dated 1/4/2022. In the Claim, the Claimant has filed List of Documents dated 8/8/2022 in support of the Claim. In particular, she filed a pay slip for November, 2021, a National Hospital Insurance Fund Sacco (Respondent) resignation form dated 3/9/2021 and her resignation letter dated 24/11/2021 and Claimant advocates letter of 26/5/2022 to the Respondent Advocated. In this letter, the Claimant’s Claim is indicated as Kshs 701,500/=. In her supporting Affidavit dated 30/12/2022, the Claimant has explained the Claim of Kshs. 701,500/=.

Respondent’s Claim. 2. The Respondent’s case is contained in the Defence dated 15/11/2022, wherein the Respondent puts the Claimant to task to prove the Claim.The Respondent has denied the Claim in its entirety and puts the Claimant to prove its Claim.The Respondent acknowledges the Claimant’s letter vide his letter dated 24/11/2021 wherein the Respondent acknowledges receipt of the Claimant withdrawal letter and stoppage of deductions.Advocate for the Respondent letter of 26/5/2022 to the Claimant’s advocate also acknowledges the Claim of the Kshs 701,500/=

3. The Respondent’s Advocate’s letter to the Claimant’s Advocate of 6/6/2022 is an acknowledgement that the Respondent owes the Claimant. The Respondent was offering an installment of Kshs 150,000/=, a clear evidence of acknowledging the claim.

Findings/ Conclusion. 4. We found that the Claimant has adequately prosecuted her case. The Respondent has merely denied the claim despite having engaged the Claimant through their advocate to a partial share refund.

5. We therefore find merit in the claim and award in favor of the Claimant against the Respondent for Kshs 701,500/= plus costs and interest at Tribunal rates from the date of filing this claim.

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 JemimahJames Kingara Advocate holding brief for Kimondo Mubea advocate for the Claimant.Kiptoon Advocate for Respondent- No appearance