Njoki v NHIF Sacco Limited [2025] KECPT 263 (KLR)

Njoki v NHIF Sacco Limited (Tribunal Case 365/E486 of 2023) [2025] KECPT 263 (KLR) (29 April 2025) (Judgment)

Neutral citation: [2025] KECPT 263 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 365/E486 of 2023

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

April 29, 2025

Between

Hon. Irene Njoki

Claimant

and

NHIF Sacco Limited

Respondent

Judgment

1. Matter for determination is a Statement of Claim dated 14. 6.2023 filed on 17. 7.2023. the claimant avers to be a member of Respondent Sacco of membership number 2181. Claimant resigned from Respondent Sacco on 31. 8.2022 with savings of Kshs. 874,000/=.Respondent on 30. 11. 2022 acknowledge the Claimant’s resignation and stated the notice was to take effect from 30. 11. 2022.

2. Respondent failed to make any refunds and claimant now requests for her deposit despite them admitting to the payment of Kshs. 874,000/=Claimant’s claim is fora.The sum of Kshs. 874,000/= due and owing to the Claimant.b.Costs of the suit.c.Interests at court rates as from the 22nd November 2022 on (a) and (b) until payment in full.d.Such other relief that this Honourable court deems fit and just to grant.Claimant filed witness statement dated 14. 6.2023. Claimant also filed list of documents dated 14. 6.2023 on 17. 7.2023 which included:a.Letter dated 31st August 2022 from Hon. Irene Njokib.Letter from NHIF Sacco Limited dated 30th November 2022c.Demand letter dated 21st February, 2023 to NHIF Sacco Limited.d.Response to demand letter dated 8th March 2023 fro the firm of Kiptoon & company advcoatese.Letter to the firm of Kiptoon & company advcoates from the firm of Kabiru & company advcotes dated 13th March 2023. f.Any other document to be produced with the leave of the court.

3. The Respondent filed statement of Defence dated 10. 8.2023 denying the claimant’s case. And prayed for the case to be dismissed with costs.The matter was to be dispensed off by way of written submissions being a refund matter.As at the date of writing this judgment only the Claimant had filed their written submissions dated 25. 10. 2024. there were no written submissions on part of the Respondent’s.

4. The issues for determination is whether the Respondent owes the Claimant Kshs. 874,000/=?Claimant rightly states she was member of Respondent and had savings of Kshs. 874,000/=.The Respondent vide a letter in Claimant’s List of Documents dated 30. 11. 2022 confirm the Claimant was a member of Respondent and they received her Notice of Withdrawal.They were to revert back to the claimant but did not.The Respondent Statement of Defence has nothing but mere denials to the claim.They have not stated why Claimant has not been refunded whether he had liabilities or not.The Respondent did not file any other documents to prove otherwise.

5. The only other document from the Respondent is what was filed by Claimant letter dated 30. 11. 2022. Having looked into all documents filed and submissions by parties we find the Claimant was indeed member of the Respondents.Being a member, she states her savings stood at Kshs. 874,000/=.No rebuttal has been done by Respondent other than mere denials. We thus take the Claimant hold no liabilities as the same have not been presented.The Claimant has proved his case on a balance of probability and as such we enter judgment in favour of Claimant against respondent for Kshs. 874,000/=Plus, cost and interest at Tribunal rates from date of filing claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 29. 4.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 29. 4.2025HON. BEATRICE SAWE - MEMBER SIGNED 29. 4.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 29. 4.2025HON. PHILIP GICHUKI - MEMBER SIGNED 29. 4.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 29. 4.2025Tribunal Clerk JemimahMutheu advocate holding brief for Kaburu advocate for Claimant.No appearance for Respondent