Nyongesa v Kenkazi Sacco Soc Ltd [2022] KECPT 185 (KLR)

Nyongesa v Kenkazi Sacco Soc Ltd (Tribunal Case 248 of 2021) [2022] KECPT 185 (KLR) (Civ) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 185 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 248 of 2021

M Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members

February 17, 2022

Between

Anfield Nyongesa

Claimant

and

Kenkazi Sacco Soc Ltd

Respondent

Judgment

1. The claim for determination is dated 27/5/21 filed on 2/6/21. The Claimant avers that he was a member of the Respondent via Membership No. OP 0984/1382 and he contributed shares to the Respondent.On 10/7/17 the Claimant wrote a letter to the Respondent resigning as a member of the Respondent and wished to be refunded his shares. Despite several reminders the Respondent has not heeded to the Claimant’s demands to refund Kshs. 162,256. 00

2. The Respondent entered appearance and filed a Statement of Admission dated 13/6/21 filed on 30/6/21. The Respondent stated that Kshs. 112,000/- is due and owing to the Claimant upon substitution of guarantors of 3 members as provided in the Respondent Sacco By-Laws.The Respondent further state they wish to pay the same in monthly instalment of Kshs. 10,000/- on or before March, 2022 and as on 30th of each succeeding month.The parties were directed to file written submissions to dispose off the claim and Claimant filed their submissions dated 21/10/21 on even date and Respondent filed their submissions dated 22/10/21 on 25/10/21.

3. The issue for determination is how much is owing to the Claimant?The Claimant’s claim is for Ksh. 162, 256. 00 while the Respondent avers the Claimant is owed Kshs. 112,000/- . On 13/10/21 the Tribunal entered judgment on admission in favour of the Claimant against Respondent for Kshs. 112,000/- .The disputed amount of Kshs. 50,256. 00 is what is for determination.The Claimant is their list of documents dated 27/5/21 filed on 2/6/2018 from the Respondent indicated the Claimant had Kshs. 162,256/00, however he had guarantor 3 members who were still servicing their loans. The deposits be paid up once the members had fully paid up their loans.The Respondent despite admitting an amount of Kshs. 112,000/- do not state why they are unable to pay the full amount of Kshs. 162,256. 00 as per what their letter had intimated.Further, no evidence has been adduced by the Respondent to convince the Tribunal the 3 guaranteed persons have not cleared their loan or if they are in arrears.So as not to delabur the point we find the Claimant is owed the Kshs. 50,256. 00 which the Respondent had not admitted.We thus enter judgment in favour of Claimant against Respondent for the contested sum of Kshs. 50,256. 00 plus costs and interest from date of filing suit.

JUDGMENT, PREPARED READ AND DELIVERED ON VIRTUALLY THIS 17TH DAY OF FEBRUARY, 2022 WITH WHOM P. GICHUKI AND B. AKUSALA AGREE.HON. MJENI MWATSAMA DEPUTY CHAIRPERSON SIGNED 17. 2.2022P. GICHUKI MEMBER SIGNED 17. 2.2022B. AKUSALA MEMBER SIGNED 17. 2.2022In the presenceMomanyi for ClaimantKenKaz Sacco – No AppearanceSignedHON. MJENI MWATSAMA17/2/22