Mbote v Metropolitan National Sacco Limited [2025] KECPT 215 (KLR)

Mbote v Metropolitan National Sacco Limited (Tribunal Case 562/E727 of 2023) [2025] KECPT 215 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KECPT 215 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 562/E727 of 2023

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

March 27, 2025

Between

Faith Wanjiru Mbote

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. This Claim was instituted by way of a Statement of Claim dated 22/9/2023

2. The Claimant is claiming Kshs. 524,00/= from the respondent cost of suit and interest she has filed a copy of her pay slip

3. The Notice to withdraw from the respondent her advocates demand letter to the Sacco dated 4/9/2023 and her written submissions dated 25/7/2024

4. The Respondent filed their written submissions dated 19/9/2024 wherein they deny owing the Claimant any money but of this Tribunal finds that there is any money owed to the claimant ,the Respondents pleads to refund the Claimant between Kshs. 2000/= and Kshs. 5000/= per month

5. The Respondent further refers this Tribunal to the 21/4/2022 Annual General Meeting resolutions which allegedly suspends refunds

6. Being a refund case , the parties proceeded to canvas their cases through written submissions

7. The Tribunal is limited to determine whether the claimant has proven beyond reasonable doubt that she was a member of the respondent and that she qualifies for a refund of her saving as had her statement of claimant

8. The Claimant has filed a Withdrawal Notice and a pay slip as proof of membership

9. On it part the Respondent has denied owning the Claimant any money but pleads that if the Tribunal finds that the claimant is owed any money the refund be as her resolutions of an Annual General Meeting held on 21/4/2022

Concusion 10. We find that the Claimant has established that she was a member of the Respondent has saving with the Sacco and that she issued a notice of withdrawal

11. The Respondent has merely denied owing the Claimant money without filling evidence on this denial

12. The Respondents asserts that they would only refund the Claimant at the rate of Kshs.2000/= to Ksh.5000/= shows that they were merely denying the claim

13. We accordingly enter Judgement in favour of the Claimant against the Respondent for Kshs. 524,000/= plus cost and interest at Tribunal rates.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE - MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI - MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahM/s Ndolo for the ClaimantGetange for the Respondent –none appearanceHON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 3.2025