Moshira v Kwetu Cooperative Society Ltd [2023] KECPT 836 (KLR)

Moshira v Kwetu Cooperative Society Ltd (Tribunal Case 441 of 2018) [2023] KECPT 836 (KLR) (Civ) (8 June 2023) (Judgment)

Neutral citation: [2023] KECPT 836 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 441 of 2018

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

June 8, 2023

Between

Evalyne Moshira

Claimant

and

Kwetu Cooperative Society Ltd

Respondent

Judgment

1. The Claimant filed a Statement of Claim date 12/9/18 filed on 13/9/18 where she avers she was a member of the Respondent formerly known as Masaku Teachers Sacco and was Member Number 22392. She had contributions amounting to Kshs. 226,000/=. The Claimant notified the Respondent of her intention to withdraw and as at the time of filing this suit, the Respondent had not refunded her.The Claimant pays for:a.Recovery of Kshs. 226,000/=.b.Interest on (a) above at Court fees.c.Costs of this suit.

2. The Respondent filed a Statement of Defence dated 18/10/18 filed on the same date. The Respondent denies that the Claimant was their member and denies being indebted. The Respondent states the Claimant is in breach of the By-laws and to be fined Kshs. 20,000/=.They further aver that a deduction of 5% processing fee had to be deducted and thus any monies to be paid by the Respondent to the Claimant ought to be done after deductions and further state that the suit is time barred.

3. Being a refund matter parties were directed to file their Written Submissions to dispense off with the claim. The Respondent filed their Written Submissions dated 15/9/22 filed on 3/11/22. We note the Respondent were to file the Claimant’s Statement of Account as ordered on 1/9/2021. Again on 7/11/2021 the Respondent were granted another opportunity but failed to do so.

4. The issue for determination is whether the Claimant is entitled to a refund?The Claimant filed their pay slip of August 2015 evidencing the deductions done. The said payslip shows the Claimant has savings of Kshs. 226,000/=. What more should we delve in when Respondent did not file any document to support their claim.

5. We find the Claimant has proven their case and as such enter judgement in favour of the Claimant against Respondent for Kshs. 226,000/= plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 8TH DAY OF JUNE, 2023. HON. BEATRICE KIMEMIA - CHAIRPERSON SIGNED 8. 6.2023HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 8. 6.2023HON. BEATRICE SAWE - MEMBER SIGNED 8. 6.2023HON. FRIDAH LOTUIYA - MEMBER SIGNED 8. 6.2023HON. PHILIP GICHUKI - MEMBER SIGNED 8. 6.2023HON. MICHAEL CHESIKAW - MEMBER SIGNED 8. 6.2023HON. PAUL AOL - MEMBER SIGNED 8. 6.2023TRIBUNAL CLERK JEMIMAHNgichamba advocate for the RespondentEverlyne Moshira – No appearanceJudgment delivered.Ngichamba advocate – we seek for 30 days stay of executionTribunal-Respondent granted 30 days stay of executionHON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 8. 6.2023