Muriithi v National Hospital Insurance Sacco Society Limited [2023] KECPT 1094 (KLR)

Muriithi v National Hospital Insurance Sacco Society Limited (Tribunal Case 726 (E799) of 2022) [2023] KECPT 1094 (KLR) (14 December 2023) (Judgment)

Neutral citation: [2023] KECPT 1094 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 726 (E799) of 2022

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

December 14, 2023

Between

Nicholus Muriithi

Claimant

and

National Hospital Insurance Sacco Society Limited

Respondent

Judgment

1. Claimant’s case is contained in the plaint (fast track) dated 19/8/2022 , Claimant’s Witness statement dated 19/8/2022 and Claimant’s List of Documents dated 19/8/2022. In the entire court process, the Claimant has endeavored to prove the Claim of Kshs. 923,500/=. The Claimant has procured a pay slip in support of his Claim but the pay slip does not show the cumulative amount claimed.

2. In his Witness Statement, the Claimant has tabulated how the Claim figure of Kshs. 923,500/=. This has been explained as the Net from Kshs. 994,000/= less Share Capital of Kshs. 20,000/= and Kshs. 500/= being membership fee. By the time the Claim Kshs.973,500/= the Respondent had paid Kshs, 50,000/= as part payment, thus the Claim of Kshs. 923,500/=.

3. The Claimant has also explained to the court the various interventions made including an offer of refund of Kshs. 20,000/= by the Respondent which was denied by the Claimant.In the Claimant’s List of Documents, the Withdrawal Letter, the latest Pay Slip and Advocate’s Correspondences regarding the Claim amount were canvassed.

4. In all the Correspondences, there was no denial that the Claimant was a member of the Respondent. what was in contention was the amount of entitlement to the Claimant.The Claimant has not filed a member Statement to proof his claim. In his Supporting Affidavit dated 3/12/2022, the Claimant again narrated the sequence of events that have led to the claimed amount plus the various correspondences between the Claimant and Respondent’s Advocate.

5. In this Affidavit, the claim figure of Kshs. 873,500/= is recorded as incorrect thus reverting to the Claim figure of Kshs. 923,500/= as per claim.

Respondent’s Case 6. This court has received the Respondent Statement of Defence dated 15/11/2022. The Respondent’s case is contained in the Respondent’s Statement of Defence dated 15/11/2022 wherein the Respondent denies the Kshs 923,500/= and puts the Claimant to strict proof thereof.The Respondent denies ever receiving the Letter/ Notice of Withdrawal as alleged by the Claimant.

7. On allegation that the Respondent refused to pay the Claimant the Claimed amount, the Respondent denies this Statement and again puts the Claimant to strict proof.By the time of writing this judgement, the court had not received Written Submissions from the Respondent.

Conclusion. 8. During the court proceedings, the Claimant has attempted to show how the Claim amount was arrived at. The pay slip has not shown the cumulative amount. The Respondent has on the other hand attempted to deny the claim figure without tabulating the denial. In this regard, we find that the Respondent has failed to defend its case and that the Claimant has attempted to rationalize the claim.

9. We therefore find that the Claimant has reasonably prosecuted its claim and on a balance of probabilities. We find that the Claimant has prosecuted his case.We find in favor of Claimant against the Respondent for Kshs. 923,500/= plus costs and interest at Tribunal rates from the date of filing the Claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 14. 12. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023HON. BEATRICE SAWE MEMBER SIGNED 14. 12. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 14. 12. 2023HON. PHILIP GICHUKI MEMBER SIGNED 14. 12. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 14. 12. 2023HON. PAUL AOL MEMBER SIGNED 14. 12. 2023TRIBUNAL CLERK JONAHKingara advocate holding brief for Kimondo Mubea advocate for the Claimant.Kiptoon advocate for Respondent – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023