Nasieku v Metropolitant Sacco Ltd [2024] KECPT 1151 (KLR)

Nasieku v Metropolitant Sacco Ltd (Tribunal Case 129/E154 of 2023) [2024] KECPT 1151 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1151 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 129/E154 of 2023

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

July 25, 2024

Between

Joyce Nasieku

Claimant

and

Metropolitant Sacco Ltd

Respondent

(Coram: Hon. B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)

Judgment

Facts Of The Case 1. The Claimant was a member of the Respondent Sacco member number 13011 and on 28th April, 2022 made an Application to withdraw her membership. As at the time of withdrawing her membership, her deposits stood at Kshs. 318,521/=.

2. The Respondent did not refund the deposits and on 1st December, 2022, the Claimant filed this claim praying for judgment against the Respondent for the sum of Kshs. 318,521/= plus interest at commercial rates from the 28th April, 2022 till the date of judgment.The Respondent’s filed their Statement of Defence which indicated the following:i.That the Claimant did not withdraw her membership as they did not receive a withdrawal letter.ii.That the Respondent’s 2022 Annual General Meeting, made a resolution and agreed to stop all further refunds as a result of liquidity challenges which was within the Claimant’s knowledge.iii.That members made a resolution to schedule refunds on a first come first serve basis and once a withdrawal letter is received, the Claimant’s refund will put on a refunds roster.iv.That the Annual General Meeting of 2022 agreed to put refunds in abeyance and that resolution binds the Claimant.

3. On 9th February, 2024 this Tribunal made orders for this case to be canvassed through written submissions and the same having been complied with, the only question remaining for determination is as to whether the Claimant is entitled to the reliefs she seeking.

Is The Claimant Entitled To The Reliefs She Is Seeking? 4. From evidence adduced, the Respondent has not denied owing the Claimant refunds of Kshs. 318,521/= as at the date of filing this claim. We have considered the circumstances they have raised and it is our considered opinion that they should not make the Claimant wait any longer. The Claimant has been waiting from August 2022.

Final Ordersi.Judgment entered in favour of the Claimant against the Respondent for the sum of Kshs. 318,521/= plus cost and interest at Tribunal rates from the date of filing claim.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. Hon. B. Kimemia Chairperson Signed 25. 7.2024Hon. J. Mwatsama Deputy Chairperson Signed 25. 7.2024Hon. Beatrice Sawe Member Signed 25. 7.2024Hon. Fridah Lotuiya Member Signed 25. 7.2024Hon. Philip Gichuki Member Signed 25. 7.2024Hon. Michael Chesikaw Member Signed 25. 7.2024Hon. Paul Aol Member Signed 25. 7.2024Tribunal Clerk JemimahNo appearance for claimant.Ms. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionOrder- 30 days stay of execution granted.Hon. B. Kimemia Chairperson Signed 25. 7.2024