Muturi v Kencom Sacco Society Limited [2025] KECPT 345 (KLR)

Muturi v Kencom Sacco Society Limited (Tribunal Case 14/E014 of 2023) [2025] KECPT 345 (KLR) (26 June 2025) (Judgment)

Neutral citation: [2025] KECPT 345 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 14/E014 of 2023

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

June 26, 2025

Between

Isaac Kihiu Muturi

Claimant

and

Kencom Sacco Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 11/1/2023 on 17/1/2023. The Claimant avers he was a member of Respondent Sacco under membership number XXXXXXX (old number XXXXXXX). He states he is an employer of Spinners and Spinners Limited. He joined Respondent Sacco in the year 2009 and has made monthly contributions to his account.As at 8/2/2021 the Claimant had saved an amount of Kshs. 380,245. 98/=.In January 2021 the Claimant wrote a letter to withdraw from Respondent Sacco vide a letter dated 22/1/2021. The Claimant avers the Respondent has ignored and neglected and or refused to refund him and Claimant prayers are for;a.An order compelling the Defendants to refund the Plaintiff his contributions of Kshs. 380,245. 98/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 380,245. 98/=, the accrued dividends and interest from 1st February, 2021, till final payment.c.The liquidated sum of his share capital of Kshs. 10,000/=.d.Damages for unfairly withholding the Claimant’s contributions.e.Costs of this suit.f.Any other relief that this Honorable Court may deem fit.

2. Claimant filed List of Documents dated 11/1/2023 filed on 17/1/2023 which included:1. Application for membership.2. Claimant’s Member Statement.3. Claimant’s National Identity Card.4. Resignation letter dated 22nd January, 2021. 5.Demand letter dated 9th December, 2022.

3. The Statement of Defence dated 17/2/2023 was filed by Respondent. Respondent denies being indebted to Claimant and put Claimant to strict proof.Respondent filed List of Documents dated 28/11/2023 which included;1. Statement of Account.The matter being one of refunds the Tribunal directed the matter be canvassed by way of Written Submissions. The Claimant filed Written Submissions dated 15/10/2024 on 17/10/2024 and the List of Authorities dated 15/10/2024. The Respondent as of the time of writing this judgment had not filed their Written Submissions.

4. The issue for determination is whether the Claimant is entitled to a refund of Kshs. 380,245. 98/=?The Claimant to support his claim filed his Statement of Account confirming his contributions. The Statement of Account as at 8/2/2021 they show Claimant had Kshs. 380,245. 98/= .The Claimant did not have any loan as at that time which means Claimant had no liabilities.The Respondent does not refute the Statement of Account but its Defence is mere denials. Nothing or no evidence is given by Respondent to contradict the Claimant’s Claim.UpshotWe are convinced Claimant was member of Respondent and contributed toward Respondent Sacco on a monthly basis.Judgment is entered in favor of Claimant against Respondent for Kshs. 380,245. 98/= plus cost and interest.

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. PAUL AOL - MEMBER SIGNED 26. 6.2025Tribunal Clerk Arnold GechikoMs. Achola Advocate for Claimants.Makhandia Advocate for Respondent – None appearance.