Musau v Kencom Sacco Society Limited [2025] KECPT 167 (KLR)

Musau v Kencom Sacco Society Limited (Tribunal Case 569/E578 of 2023) [2025] KECPT 167 (KLR) (30 January 2025) (Judgment)

Neutral citation: [2025] KECPT 167 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 569/E578 of 2023

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

January 30, 2025

Between

Simon Mutinda Musau

Claimant

and

Kencom Sacco Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 20. 7.2023 filed on 3. 10. 2023. The Claimant states he was a member of Respondent Sacco and he avers he is member number 4828 and his old number is 6501. He joined Respondent (Kencom) Sacco sometime is 2014. Claimant states as at 25. 1.2022 he had saved Kshs. 272,159/=On 22. 11. 2022 the Claimant withdrew from the Respondent Sacco via a letter dated 25. 11. 2022 however the Respondent has neglected to refund his savings.The Claimant prays for:a.An order compelling the Respondents to refund the claimant his contributions of Kshs. 272,159/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 272,159/= the accrued dividends and interest from the date of filing of this suit until final payment.c.The liquidated sum of share capital of Kshs. 20,000/=d.Damages for unfairly withholding the claimant’s contributionse.Costs of this suit.f.Any other relief that this Honourable court may deem fit.

2. Claimant filed written statement as well as List of Documents dated 20. 7.2023 filed on 3. 10. 2023 which documents include:a.Claimant’s Resignation letterb.Claimant’s national identity cardc.Claimant’s member statementd.Correspondences between spinners and spinners and the Respondente.Demand letter

3. The Respondent filed Statement of Defence 15. 2.2024 which Defence is full of denials, denied the claim in its totality.No further documents were filed by the Respondents.The matter being one of written submission the Tribunal directed the same be canvassed by way of written submissions dated 15. 10. 2024 as of the date of writing this judgment the Respondent had not filed their written submissions.

4. The issues to be determined as clear.Issue one - Was Claimant a member of the Respondent SaccoIssue two - How much savings did the Claimant have?

Issue one - Was Claimant a member of Respondent SaccoThe Claimant avers he was member number 4828 former number 6501. He has attached his Statement of Account from Respondent as such proves he was a member.The Respondent did not controvert this evidence but merely denied the claim.We find the Claimant was indeed member of the Respondent.

Issue two - How much savings did the Claimant have?The Claimant attached his Statement of Account as per his List of Document which as per 31. 3.2021 the Claimant held savings of Kshs. 272,159. 00/= with the share capital of Kshs. 20,000/=.We note share capital is not refundable but transferable.

UpshotWe are convinced the Claimant is a member of Respondent Sacco nothing has been presented by Respondent to cause us not to award Respondent their savings.Judgment is entered in favour of Claimant against Respondent for Kshs. 272,159. 00/= plus cost and interest.Prayers C and D fails.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 30. 1.2025HON. BEATRICE SAWE - MEMBER - SIGNED - 30. 1.2025HON. FRIDAH LOTUIYA - MEMBER - SIGNED - 30. 1.2025HON. PHILIP GICHUKI - MEMBER - SIGNED - 30. 1.2025HON. MICHAEL CHESIKAW - MEMBER - SIGNED - 30. 1.2025HON. PAUL AOL - MEMBER - SIGNED - 30. 1.2025Tribunal Clerk MutaiAchola advocate for the ClaimantMkhandia advocate for Respondent – no appearanceHON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 30. 1.2025