Mwangi v Metropolitan National Sacco Ltd [2025] KECPT 226 (KLR)

Mwangi v Metropolitan National Sacco Ltd (Tribunal Case 500/E365 of 2023) [2025] KECPT 226 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KECPT 226 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 500/E365 of 2023

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

March 27, 2025

Between

Jane Wairimu Mwangi

Claimant

and

Metropolitan National Sacco Ltd

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 26/4/2023 filed on 4/9/2023The Claimant claims she was a member of the Respondent and made deposits which amounted to Ksh. 685,831 .49/=In February 2023 the claimant resigned from the Respondent Sacco requested for the refund.

2. Despite several reminders the claimant has not received her refund. in breach of agreement of Sacco’s Constitution the Respondent has failed , refused and my letter to refund of claimant.The Claimant prayers are for:a.The said refund of Kenya shillings six hundred and eighty five thousand, eight hundred and thirty one and forty nine cents only (Ksh.685,831. 49/= )b.Interest at 14 % per annum on (a) above from the date of filing this suit till payment in full.c.Costs of the suit and interest thereof at Tribunal rates.d.Any order the Tribunal may deem fit to grant.Claimant filed her witness statements to support her claim and List of Documents dated 26/4/2023 which included:a.Demand letter dated 1/3/2023b.Member Statement of Account dated 21/2/2023

3. The Respondent filed a Statement of Defence dated 8/12/2023 denying the amendments of the statement of claim and that claim has not established that respondent is in position of her shares and savings.Further the Respondent aver claimant is acting in bad faith and contrary to the resolution of Annual General Meeting that all refunds are to be suspended.To add the Respondent state the society has been through to much turmoil and have filed a Judicial Review in the High court and need time for a more structure approach to handle the outstanding matters.They prayed for dismissal of the Applicants claim.

4. The Claimant filed response to the Respondent’s Statement of Defence dated 31/1/2024 on 10/2/2024 reiterating contents of her claim .Being a matter of refunds the court directed the parties to file written submissions in a bid to fast track the matter on 18/9/2024The Respondent list of documents dated 8/8/2024 on 18/9/2024. Claimant filed written submissions.Having considered the pleadings and documents by the parties the issue for determination is:Issue one - Whether the Claimant is a member of Respondent?Issue two - Whether the Respondent owes the claimant the refund of Kshs. 685,831. 49/= ?

Issue one - Whether the Claimant was a member of the Respondent? 5. The Claimant has shown/ demonstrated by giving her membership number as 13164 as per the member statement of account printed on 21. 2.2023. The said member Statement of account shows the name therein to be one of claimant that is, Jane Wairimu MwangiThe Respondent have not disputed the said statement or denied it does not belong to the Claimant.As such we find claimant is a member of the Respondent Sacco

Issue two - Whether the Respondent owes the Claimant Kshs. 685,831. 49/= ?For any society the two account of the any member’s status can be found in the Statement of Account?The Claimant in their List of Documents provided their Statement of Account as at 21/2/2023 showing deductions by TSC to Respondent Sacco accumulating to ksh.685,831. 49/= that is as at 30/9/2022. The Respondent also have not refunded this amount

UpshotWe find Claimants indeed was a member of the respondent and had savings of Ksh.685,831. 49 /=We therefore enter Judgement in favour of Claimant against Respondent for ksh.685,831. 49 plus costs and interest

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA - CHAIRPERSON - SIGNED - 27. 3.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 27. 3.2025HON. BEATRICE SAWE - MEMBER - SIGNED - 27. 3.2025HON. FRIDAH LOTUIYA - MEMBER - SIGNED - 27. 3.2025HON. PHILIP GICHUKI - MEMBER - SIGNED - 27. 3.2025hON. MICHAEL CHESIKAW - MEMBER - SIGNED - 27. 3.2025Tribunal Clerk - JonahMrs. Musavakuua advocate holding brief for Ms. Wacheke advocate for the ClaimantGitonga Muriuki advocate for Respondent- No appearance.HON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 27. 3.2025