Malelu v Metropolitan Sacco Limited [2025] KECPT 336 (KLR)

Malelu v Metropolitan Sacco Limited (Tribunal Case 551. E687 of 2023) [2025] KECPT 336 (KLR) (12 June 2025) (Judgment)

Neutral citation: [2025] KECPT 336 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 551. E687 of 2023

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

June 12, 2025

Between

Abigael Mwende Malelu

Claimant

and

Metropolitan Sacco Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 15/09/2023 filed on 15/09/2023. The Claimant avers she was a member of Respondent Sacco. On 10/05/2022 she wrote a letter to withdraw from the sacco seeking refund of her shares which amount to Kshs 269,061. 00Her prayers are for:a.The said sum of Kshs 269,061/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.

2. The Claimant filed her List of Documents dated 15/09/2023 being:a.Withdrawal letterb.Payslips

3. The Respondent filed Statement of Defence dated 22/12/2023. Where they denied the Claim. They stated Claimant did not disclose items was a resolution of aim suspending all refunds.Respondent further states the Notice by Claimant does not confirm to the statement notice as conveyed in the CooperativeSocieties Act.Also the Respondent state they are undergoing financial shortages as a result of mismanagement and there is a Judicial Review in the High Court.Respondent thus prays for the Claimant’s Claim to be dismissed.

4. Respondent filed List of Documents dated 08/08/2024 in support of their Defence and filed the following documents:a.Annual General Meeting resolutions stopping refunds.b.Statement of Accountc.Audited accounts of metropolitand.Affidavit of meanse.Any other with leave of court.The matter being one of refunds, The Tribunal directed parties to file and serve Written Submissions to fast track the matter.Respondent filed Written Submissions dated 11/10/2024 and Claimant filed Written Submissions dated 11/12/2024 filed on 16/12/2024.

5. Having considered the pleadings, documents field and Written Submissions by the parties, the issues for consideration is whether Issue One.Whether Claimant is entitled to a refund of Kshs 269,061. 00. It is not disputed the Claimant is a member of the Respondent Sacco.To prove her Claim, the Claimant filed her Payslip as part of her list of documents. However, the same was not attached.The Respondent have not disputed the amount of evidence why Claimant should not be refunded her deposits/savings.

6. The Respondent aver a resolution passed. We have seen the Resolution was passed in April 2022. No other mention is made about subsequent Annual General Meeting.The Respondent cannot hold the Claimant captive with resolutions passed in 2022 in futility.On the issue of financial stability, the Respondent is not in liquidation and is still receiving funds from other members.The same cannot be termed as good enough reason not to repay the Claimants.

7. The Respondent is under an obligation to honor its contract with the Claimant on refund upon withdrawal.Mismanagement is not the Claimant’s fault neither should it be a reason why funds are not being refunded.We are therefore not convinced with the Respondent’s Defence and as such we find the Claim would have had merit in absence of any evidence.However, having written vide email dated 5. 6.2025 to Claimant to provide copy of Payslip as per their List of Documents which were missing, we are not convinced of any deductions. As such, claim fails.Claim is dismissed with costs to the Respondent.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 12. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 12. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 12. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 12. 6.2025HON. P. AOL MEMBER SIGNED 12. 6.2025Tribunal Clerk MutaiNo appearance by parties.Judgment delivered in the absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025