Muiga v Metropolitan Sacco Limited [2025] KECPT 365 (KLR)

Muiga v Metropolitan Sacco Limited (Tribunal Case 775/E1038 of 2023) [2025] KECPT 365 (KLR) (10 July 2025) (Judgment)

Neutral citation: [2025] KECPT 365 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 775/E1038 of 2023

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

July 10, 2025

Between

Joseph Mbugua Muiga

Claimant

and

Metropolitan Sacco Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 20/11/2023 where Claimant avers to have been a member of the Respondent no. 13128 and contributed funds to the Respondent.On 17/1/2023 the Claimant issued a Notice to Withdraw from being a member of the Respondent.As at the date of withdrawal the Claimant States he had Kenya Shillings 352,387. 01/= as at the date of filing suit Claimant avers that the Respondent had failed to refund her.Claimant filed List of Documents dated 20/11/2023 which documents included:a.A letter by the Claimant dated 17th January, 2023 requesting the Respondent to remit the total refund of her share and dividends for the year 2022. b.A copy of the demand notice dated 22. 3.2023 addressed to the respondent and certificate of posting in respect thereof.

2. Respondent filed Statement of Defence which is undated.The Respondent denies the averments of the claim and state the Claimant is yet to establish that the Respondent is in possession of his savings and deposits. also the Respondent aver the Claimant has not disclosed to the Tribunal there was a resolution by Annual General Meeting to suspend refunds.Further the Claimant avers they are undergoing financial turmoil and need to have a structured approach to handle the outstanding matters.Respondent’s prayer is for the Claimants’ case to be dismissed with costs

3. The matter being one of refunds the Tribunal directed parties to file written submissions in a bid to dispose off the claimClaimant filed their written submissions dated 29/10/2024 while as at the date of writing of this judgement the Respondent were yet to file their written submissions.Issue for determinationWhether the Claimant has proved her claim to be refunded Kshs 352,837/=We look into the documents filed by the Claimant.The said documents are only demand letters from the Claimant to the respondent.No other form of evidence is given to support the Claimant’s claim.

4. Claimant in the written submissions avers that Claimant’s salary had deductions towards Respondent’s Sacco which makes us believe there is documentation on the same though not shared.Being a Tribunal and not bound by rules of evidence during trial we direct the Claimant provide their supporting documents in their payslips toevidence deductions and contributions.Members are entitled to their refunds having saved/secured it over a period of time and it would be unreasonable to rely on technicalities to dismiss their case .

5. We therefore direct Claimant to file payslips 10 days from today and Respondent to file Claimant’s Statements of Account if any.judgement differed to 26/6/2025

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 MutaiTribunal orderParties to file requisite document within the next 10 days.Judgment on 26. 6.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 26. 6.2025AddendumHaving requested for documents from the Claimants on 12/6/2025 and the Respondent having been copied.The Claimant filed a Supplementary List of Documents dated 20/6/2025, which included the Claimant’s pay slip of August, 2022. As such, we shall enter judgement in favour of Claimant against Respondent for Kshs. 352,387. 01/= plus costs and interest.