Merceline Mulili Muema v Kwetu Sacco Society Limited [2020] KECPT 88 (KLR)

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL

AT NAIROBI

TRIBUNAL CASE NO. 406 OF 2018

MERCELINE MULILI MUEMA....................CLAIMANT

VERSUS

KWETU SACCO SOCIETY LIMITED......RESPONDENT

JUDGMENT

Vide the Statement of claim dated 22/5/2018, the Claimant has moved the Tribunal seeking for Orders that the Respondent to compelled to refund deposits amounting to Ksh. 159,200/-. She also wants to be paid interest and costs of the suit. It is her case that she was a bonafide member of the Respondent with Membership No. 427664.

That, she voluntarily withdrew membership in September, 2017.  That as at the time of withdrawal, she had made share contribution amounting to Ksh. 159,200/-.  That the said shares were deducted monthly from her salary.

That prior to withdrawal, she duly notified the Respondent about the same and the Respondent informed her that she would receive a refund of her share contributions upon the expiry of the two (2) months Notice period.

That upon the expiry of the period, she did not receive any payment, hence precipitating this claim.

The Claimant reiterated these averments when she appeared to testify on 20/1/2020.  She also produced the documents contained in her list and bundle of document dated 22/5/2018.  They include ;-

a.  Copy of her Identity Card;

b.  Copy of her Membership fees receipts;

c.  Her payslip for September, 2017; and

d.  Letter dated 21/1/2017;

e.  Letter dated 20/9/2017; and

f. Demand letter dated 13/4/2018.

Respondent’s Case

Though the Respondent did not call any witness to testify on 20/1/2020,

it filed a statement of defence dated 12/9/2018.

Vide the said Defence, the Respondent deny that the Claimant has ever become its member.  It further denied being indebted to the Claimant.

In the alternative, the Respondent contend that if at all the Claimant was its member, then she has found these proceeding in contravention of its by-Laws and that she is liable to be fined a sum of Ksh. 20,000/-.

Issues for Determination.

The claim has presented the following issues for determinations ;

a. Whether the Respondent is truly indebted to the Claimant to the tune of Ksh. 159,200/ and if so, whether it should be ordered to refund; and

b. Who should bear the cost of the suit.

Indebtedness

It is the Claimant’s case that she was a member of the Respondent

and contributed shares cumulating to ksh. 159,200/- as at September, 2017.  The Respondent has denied Membership and also contribution.

We have perused Exhibit No. 2 of the Claimant’s exhibits.  It is a receipt issued to her by Masaku Teachers Co-op Savings and Credit Society Limited.  Its dated 4/9/2006 .  It’s for Ksh. 100.

We have also perused Exhibit No. 3.  It’s the Claimant’s payslip for the month of September, 2017.  It shows a monthly deduction of ksh. 1500/- and a cumulative share deposit of Ksh. 159,200/- .

Based on these documents alone, we are satisfied that the Claimant was a member of the Respondent and that her deposits as at September, 2017 was ksh. 159,200/-.

As regards refund of the said deposit, we have perused the letter dated 27/1/2011.  It is written by the Claimant and addressed to the Masaku Teachers Sacco. Vide the said letter , she is communicating her decision to withdraw from the Sacco.  She is also demanding for refund of her shares.

Upon perusal letter, we are satisfied that the Claimant issued a proper Notice of withdrawal of membership.  What the Respondent was expected to do after the expiry of the Notice period was to process her deposit in accordance with its by-Laws.  It did not do so.

We have noted its averment vide its statement of defence.  We note that the same does not rebut the contentions made by the Claimant.  We are thus satisfied that the Claimant has proved has case on a balance of probability and is thus entitled to the relief sought.

Conclusion

The upshot of the foregoing is that we enter judgment against the Respondent and in favour of the Claimant for Ksh. 159,200/- with interests and costs at court rates.

Judgment read, dated and delivered via email in accordance with the directions by the Honourable, the Chief Justice on 15/3/2020, this 30th day of April, 2020.

Prepared by Hon. B. Kimemia – Chairman, Hon. F. Terer – Deputy Chairman and P. Gichuki – Member.

With the consent of the parties and the final orders to be delivered by email in accordance to the prevailing measures during the COVID-19.

Hon. B. Kimemia  ……………………

Chairman

Hon. F. Terer       ……………………

Deputy Chairman

P. Gichuki              …………………….

Member