Nankinyi v Metropolitan Sacco Limited [2025] KECPT 233 (KLR)

Nankinyi v Metropolitan Sacco Limited (Tribunal Case 11. E020 of 2023) [2025] KECPT 233 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 233 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 11. E020 of 2023

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

February 27, 2025

Between

Alfred Anne Nankinyi

Claimant

and

Metropolitan Sacco Limited

Respondent

Judgment

1. Matter for determination is statement of claim dated 13th January 2023 filed on even date. The Claimant avers that on 20th April 2022 she wrote a letter to Respondent to withdraw from Respondent and sought a refund.

2. Claimant avers as at the time of the letter the Respondent had Kshs 329,672. 00 as deposits. Despite notice, the Respondent has not refunded the Claimant their savings.

3. The Claimant seeks for;a.The said sum of Kshs. 329,672. 00/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.

4. The Claimant also filed list of documents dated 13th January 2023 which had;a.Withdrawalb.Payslip

5. The Respondent filed a Statement of Defence dated 13th February 2023 filed on 16th February 2023.

6. They declined the Claimant’s claim as the same was not stamped. Further, the Respondent states as per 2012 AGM resolutions Members resolved to schedule refunds after 2 years due to liquidity challenges. The Respondent requested court to dismiss claim with costs.

7. Matter being one of refunds, the Tribunal directed the parties to file written submissions.

8. As at the time of writing this judgement none of the parties had filed their written submissions. As such, the claim is clear and documents produced allude to the same.

9. The Respondent however in their Defence consists of mere denials and not controvert the Claims claim. All they allude to is the Annual General Meeting of 2022 where there was a resolution passed which we do not have a copy of the same. Be that as it may, it does not own the document.

10. As such, we do not need further persuasion. We are inclined to enter judgement in favour of Claimant against the Respondent for Kshs 329,672/- plus costs and interest in the claim of Tribunal rates from the date of filing claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 02. 2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 02. 2025HON. BEATRICE SAWE - MEMBER SIGNED 27. 02. 2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 27. 02. 2025HON. PHILIP GICHUKI - MEMBER SIGNED 27. 02. 2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 27. 02. 2025HON. PAUL AOL - MEMBER SIGNED 27. 02. 2025Tribunal Clerk MutaiNo appearance by the parties.HON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 02. 2025