Mutaro v Metropolitan National Sacco Limited [2025] KECPT 202 (KLR)

Mutaro v Metropolitan National Sacco Limited (Tribunal Case E523 of 2024) [2025] KECPT 202 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 202 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E523 of 2024

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

February 27, 2025

Between

Alfred Nyongesa Mutaro

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 26/6/2024 where Claimant claims he was member of Respondent Sacco under Membership Number 11428. In June 2024, he withdrew his membership from Respondent and Claimant had deposits of Kshs. 141,800/=.Claimant further avers he had no other liabilities.Despite demand the Respondent has refused or failed to pay them and his prayers are for;a.The sum of Kenya shillings one hundred and forty one thousand. Eight hundred (Kshs.141,800/=) being shares and deposits as at June 2024. b.Interest on (a) above at commercial rates from June 2024 until payment in full.c.Costs of this suitd.Any other relief the court deems fit to grant.

2. Claimant filed Witness Statement dated 26/6/2024 and List of Documents dated 24/6/2024 on 1st July, 2024 which documents include;a.Claimant’s national identity cardb.Claimant’s letter of withdrawal from sacco dated 3rd June 2024. c.Claimant’s sacco membership withdrawal request form signed and dated 3rd June 2024d.Claimant’s statement of account as at June 2024e.Demand letter dated 11th June 2024.

3. Respondent filed Statement of Defence dated 24/6/2023 in which they denied the averments of the Claim and that Claimant has not sufficiently established that Respondent had his deposits.The Respondent further aver that there was a resolution of Annual General Meeting where Respondent agreed to suspend the refunds to allow Sacco to achieve sound financial position.

4. Respondent further aver the notice/demand by Claimant did not conform to the statutory notice envisaged by Cooperative Society Act.Respondent requested for Claimant case to be dismissed.Matter being one of refunds , the Tribunal directed the parties to file Written Submissions.Respondent filed Written Submissions dated 11/10/2024. Claimant filed Written Submissions dated 31/10/2024.

5. Having looked into the pleadings and Written Submissions by parties, the Respondent’s conclusion is for a payment schedule to settle the amount in terms of Kshs. 2,000/= to Kshs. 5,000/= per month.The Claimant through its documents has proved one, he was a member of the Respondent and two he had deposits of Kshs. 141,800/=.Claimant filed his suit dated 3/6/2024 which showed he had Kshs. 131,800/= as at 24/3/2020. Shares capital were Kshs. 10,000/= which is not ordinarily not refundable.The Respondent has not dwelt on defence of the Claim for refunds but has gone to state Respondent has financial constraints and needs time to get back to its feet.The fact that the Respondent is undergoing financial difficulty and members met and resolved to halt repayments does not convince the Tribunal that judgment should not been entered in favour of Claimant.

Upshot 6. We are convinced that Respondent owes Claimant Kshs. 121,800/=.Judgment is entered in favour of Claimant against Respondent for Kshs. 121,800/= plus costs and interest at Tribunal rates from the date of filing Claim.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE - MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI - MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 27. 2.2025HON. PAUL AOL - MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahWafula for ClaimantNone appearance for RespondentHON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 2.2025