Nyasinga v Metropolitan National Sacco Society Ltd [2025] KECPT 376 (KLR)

Nyasinga v Metropolitan National Sacco Society Ltd (Tribunal Case 856/E1076 of 2023) [2025] KECPT 376 (KLR) (10 July 2025) (Judgment)

Neutral citation: [2025] KECPT 376 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 856/E1076 of 2023

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

July 10, 2025

Between

Nemuel Nyasinga

Claimant

and

Metropolitan National Sacco Society Ltd

Respondent

Judgment

1. The matter for determination is Statement of Claim dated 24/11/2023 filed on 30/11/2023. The Claimant claims to be a former member of Metropolitan Sacco ltd. he joined the Society in 2013 and withdrew on 30/4/2018 via a letter. He claims his savings had accrued to a figure of Kshs. 98,000/=. He further claims dividends at an annual rate of 10% per annum which the Respondent used to pay until 2020 when they stopped.Despite his withdrawal and demand, the Respondent have failed to refund his savings.The Claim is for:a.The accrued savings amount plus total dividends from 2021 to 2023 totaling to Kshs. 127,400. /=b.Costs of this suit.c.Interest at Court rates for [a], [b] and [c] above.The Claimant filed his Witness Statement dated 24/11/2023 and Claimant’s List of Documents dated 24/11/2023 which included:1. A copy of Demand letter dated 23rd March, 2023. 2.A copy of Members Statement.3. Copy of the members ID card.

2. The Defendant filed a Statement of Defence dated 29/8/2024 where they denied the Claimant’s Claim and stated he had not proved that the Respondent owed him money.Further, the Respondent states that the Claimant failed to disclose there was a resolution of Annual General Meeting suspending all refunds, which resolution is binding to all members.The Respondent requested for Claimant’s claim to be dismissed.

3. Matter being one for refunds, the parties were directed to file Written Submissions to dispense the claim. As of the date of writing this judgement, the parties had not filed their Written Submissions.Be that as it may, the claim can still be determined in absence of Written Submissions.Issues for determination is whether the Claimant’s claim is sustainable?The Claimant has produced his Statement of Accounts from the Respondent society evidencing his deductions monthly which as of 30/6/2022 he had saved Kshs. 88,038. 28/= less Kshs. 10,000/= shares which would amount to Kshs. 78,038. 28/=.The Claimant also filed the demand letter which was received by the Respondent on 23/3/2023.

4. Despite the Respondent’s denials, they have not given any contrary evidence to rebut the Respondent’s claim even the Statement of Accounts provided by the Claimant is not denied.This clearly shows that the Claimant indeed was a member with deductions being made.No evidence that the Claimant had any liabilities to make the Respondent not refund.The Respondent’s assertion of a resolution in an Annual General Meeting are not expounded and it is not known for how long the suspension of refunds was for.

5. With that in mind, we are convinced of Claimant’s Claim. As such;We enter judgement in favor of the Claimant against the Respondent for Kshs. 88,038. 28 plus cost and interest.Prayer for dividends fail.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF JULY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025HON. BEATRICE SAWE MEMBER SIGNED 10. 7.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 10. 7.2025HON. PHILIP GICHUKI MEMBER SIGNED 10. 7.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 10. 7.2025HON. P. AOL MEMBER SIGNED 10. 7.2025TRIBUNAL CLERK KOKIJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025