Mugailwa & 2 others v Mwalimu National Savings & Credit Cooperative Society & another [2025] KECPT 303 (KLR)

Mugailwa & 2 others v Mwalimu National Savings & Credit Cooperative Society & another (Tribunal Case 415 of 2017) [2025] KECPT 303 (KLR) (Civ) (29 May 2025) (Judgment)

Neutral citation: [2025] KECPT 303 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 415 of 2017

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

May 29, 2025

Coram: Hon. B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, and Hon. P. Aol- Member.

Between

Emily Murenyi Mugailwa & 2 others & 2 others & 2 others

Claimant

and

Mwalimu National Savings & Credit Cooperative Society

1st Respondent

Peter Omwansa Ogwara

2nd Respondent

Judgment

1. Further to our judgement delivered and dated 28/11/2024 this Tribunal ordered the Claimants to file any statements and documents within 30 days which show the total amounts which show the total amounts which the 1st Respondent deducted from each one of them to repay the 2nd Respondents’ loan without clarity of the exact amount deducted by the 1st Respondent at the time of writing that judgement, the tribunal could not make a final determination on the matter.However, we have since re- reconsideration our order and using the discretionary powers grant to us under Rule 3 of the Co-operative Tribunal (Practice and Procedure) Rules 2009 that read:“Nothing contained in these ruled shall limit or otherwise affect the inherent powers of the tribunal to make such order as may be necessary for the ends of justice or prevent abuse of the process of the Tribunal”

2. We hereby Varity our disposition on the judgement as follows;i.That instead of the Claimants, we order the 1st Respondents to file and serve Statement of Account for the three (3) Claimants within 14 days from the date of this variation order.ii.That the 1st Respondent should file and serve tabulation of how much was deducted from each claimant to satisfy the 2nd Respondent Loan.

3. Mention date 14/07/2025 to confirm complain by the Respondent.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY ATNAIROBITHIS29TH DAY OFMAY, 2025. **HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 5.2025HON. BEATRICE SAWE MEMBER SIGNED 29. 5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 5.2025HON. PHILIP GICHUKI MEMBER SIGNED 29. 5.2025HON. P. AOL MEMBER SIGNED 29. 5.2025Tribunal Clerk MutaiNgethe advocate for the 2nd RespondentOndieki Orangi advocate for the ClaimantNgethe advocate -We seek for leave to appeal the Addendum JudgementTribunal orderLeave granted to appeal.Hon. J. Mwatsama Deputy Chairperson Signed 29. 5.2025