Mbau v Tiken Co-operative Savings and Credit Society Ltd [2025] KECPT 354 (KLR)

Mbau v Tiken Co-operative Savings and Credit Society Ltd (Tribunal Case E592 of 2024) [2025] KECPT 354 (KLR) (26 June 2025) (Judgment)

Neutral citation: [2025] KECPT 354 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E592 of 2024

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

June 26, 2025

Between

Moses Mbau

Claimant

and

Tiken Co-operative Savings and Credit Society Ltd

Respondent

Judgment

1. The Claimant brought the claim herein by way of Statement of Claim dated 22nd July 2024 wherein the prayers for judgement against the Respondent for; -a.A sum of Kshs 524,000/= being refund of the claimant share contribution.b.Declared dividends on the claimants shares up to the date of filing this claimc.In the alternative to prayer (b) above interest on the Claimant’s shares at 12% per annum to the date of filing this claim.d.Interest on (a) and (b) or (e) above at court rates from the date of filing this claim until payment in full.e.Costs of this cause be borne by the Respondent. It is the Claimants claim that he was a member of the Respondent while he was in the employment of Toyota Kenya limited and bought shares in the Respondent through salary deductions by his employer until April 2021 when his employment with Toyota Kenya come to an ended the claimant had bought shares valued at Kshs. 524,000/= that despite demand and notice of intention to sue issued, the Respondent has failed to pay the paid money or the claimants declared dividends, that the Claimants claim is for the said sum of Kshs. 524,000/=. Together with interest dividends or thereon at 12 percent per annum upto the date of filing this claim and thereafter interest at court rates until payment in full.

2. The defaulted failed to enter appearance and respond to the claim within the stipulated period and on 30/10/2024 summary judgement was entered in famous of the claimant in the sum Kshs. 524,000/= with costs and interest from the date of filing claim.

3. The matter then proceeded for formal proof hearing for purposes of prayers (b) and (e) of the claim, however the claimant withdrawal prayer of the claim before the claim before the matter proceeded to formal proof hearing at the hearing the claimant advanced sworn evidence wherein he produced the witness statement dated 22/07/2024 as his evidence in chief the Claimant also produced in the List of Documents dated 22/07/2024 and marked the documents thereto attached as the Claimants exhibits 1-3.

4. The Claimant stated in the hearing that after he left employment the requested for his deposits savings but the Respondent withheld the same from 2021 that his claim for interest is from April,2021 when he left employment on classification being by members of the Tribunal the Claimant started that he asked for his refund on 11/03/2024 though his advocate and after having employment he followed up on numerous occasions in vain

Analysis and Determination 5. We have considered the documents filed by the Claimant and the oral evidence handled in court.It is evident from the pay slip of the Claimant he was contributing the sum of Kshs. 5000/= to the Respondent Sacco monthly, it is also evident from the pay slip of April 2021, which was claimants last pay slip with Toyota Kenya Limited that the Claimant had contributed a total of Kshs. 524,000/=SummaryJudgement having been entered in this amount already and the Claimant having withdrawn prayer (b) of his claim what remains for our determination prayer (c) for interest on the claimants shares at 12% per annum up to the date of filing of the claim.It is common know knowledge that SACCO interest rates differ depending on various factors. Without any information from the claimant concerning the Respondent financials during the time before he filed the claim herein, we one not in a position to determine that indeed the interest on his deposits before suit is 12% per annum as Claimant in a nutshell, the Claimant has failed to substantiate or support his claim of interest of 12% per annum before the filing of the claim. It is not enough to merely state on interest rate, the same must be proved consequently we conclude by entering final judgement in favor of the claimant and against the Respondent as for:a.Refund of Kshs. 524,000/= deposits.b.Costs of this Claim to be borne by the respondent.c.Interest on (a) and (b) above at tribunal rated from the date of filing suit until payment in full

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 26. 6.2025HON. BEATRICE SAWE - MEMBER SIGNED 26. 6.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 26. 6.2025HON. PHILIP GICHUKI - MEMBER SIGNED 26. 6.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 26. 6.2025HON. P. AOL - MEMBER SIGNED 26. 6.2025Tribunal Clerk GechikoNo appearance by partiesJudgment delivered in absence of parties.