Oburu v Transcom Cooperative & Credit Society Limited [2025] KECPT 350 (KLR)

Oburu v Transcom Cooperative & Credit Society Limited (Tribunal Case E006 of 2023) [2025] KECPT 350 (KLR) (26 June 2025) (Judgment)

Neutral citation: [2025] KECPT 350 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E006 of 2023

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

June 26, 2025

Between

Chris Odhiambo Oburu

Claimant

and

Transcom Cooperative & Credit Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 22/2/2023 filled on 1/3/2022

2. The Claimant states he was a member of the Respondent Sacco member number 17022 making monthly share contributions and as at February 2020 when Claimant was retiring he had contributions worth kshs. 252,050/=.

3. On 24/2/2020 the Claimant wrote to Respondent for a refunds of the share contribution. Respondent has ignored and refused to refund the Claimant their money.

4. Claimant prayers is for:a.An order that the Respondent refunds the Claimant’s share contributions amounting to Kshs.252,050/= together with all accumulated funds.b.An order that the Respondent declares and pays the claimant all the dividends that are due to and entitled to the Claimant, since he became a member of the Respondent.c.Nominal damages for the loss of use of the moneys comprised in prayers (a) and (b) aboved.Costs of the suit.e.Any other relief that the Honourable court may deem fit and just to grant.Claimant filled List of documents dated 22/2/2023 on 1/3/2023 which documents included:a.Retirement letter dated 30th May, 2019b.Claimant’s pay slips for January and February, 2020c.The claimant ‘s letter dated 24th February, 2020d.Demand letter dated 15th February, 2023e.Any other with leave of court.

5. Respondent filled statement of Defence denying the Claimants Claim and that Claimant was their member and more so that Claimant had savings of kshs. 252,000/=. The Respondent further states that without prejudice indeed if Respondent owes Claimant any money they are willing to enter into a consensual payment arrangements as they have many other beneficiaries and have a tight schedule and only have a schedule of Kshs 100,000/= for refund per month which is to be paid on a first come first served basis. Respondent also filled List of Documents dated 24/4/2023 on 4/5/2025 which include:a.A copy of a resolution to defend this suit.b.A copy of a letter dated 8th March, 2023 addressed to the Commissioner for Cooperative Development.c.Any other necessary document with leave of court.

6. The matter being one of refund parties were directed to file and serve written submissions parties filed their written submissions with Claimant filing Written submissions dated 31. 1.2025 on 3. 2.2025 and Respondent as at the date of writing this judgment has not filed their written submissions.

7. The issue for determination is:Issue OneWhether Claimant is a member of Respondent Sacco?Issue TwoWhether the Claimant is entitled to refund of kshs. 252,050?

Issue One 8. Whether Claimant is a member of Respondent Sacco?

9. Claimant in evidence of his claim filled pay slips for the month of January and February 2020 which clearly indicate deductions made by his eye to the Respondent Sacco.

10. The Respondent have not disputed this claim by Claimant nor have they refused the same. This clearly shows that the Claimant was a member over a period of time. Respondents Defense is of some denials and has not shown any documents to counter the Claimants documents.

11. We find the Claimant was indeed member of Respondent Sacco.

Issue Two 12. Whether the Claimant is entitled to refund of kshs. 252,050?

13. The Claimant using the same documents pay slips which we shall refer to as Claimant Exhibit 2 shows a reflect the amount accumulated by Claimant over time the amount is clearly indicated.

14. Respondent avers indeed if the Claimant has the whole amount they pray to make payment over installments.

15. In the Defence they have produced a copy of Resolutions dated 27/9/2022 which is marked as R Exhibit 1 appointing the Respondent’s advocate and a letter to the Commissioner dated 8/3/2023 on many deposits to pay up kshs. 100,000 per month.

16. This is not a resolution neither can it be said to be acceptable.

17. The Respondent Sacco society is still a going concern and is not for a membership to delay their refunds further considering the Claimant withdrew way back in February 2020.

18. No sufficient reasons have been given if Claimant should not be refunded their savings.

Upshot 19. Having considered all the Judgment above is entered in favor of Claimant against Respondent for Kshs. 252,050/= plus costs and interest.

20. Prayer (b) and (c)not proved therefore-it fails.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE ,2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 6.2025HON. BEATRICE SAWE - MEMBER SIGNED 26. 6.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 26. 6.2025HON. PHILIP GICHUKI - MEMBER SIGNED 26. 6.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 26. 6.2025HON. PAUL AOL - MEMBER SIGNED 26. 6.2025Tribunal Clerk A.GechikoWakiaga Advocate for the Respondent- PresentChris Odhiambo Oburu – None AppearanceHON. J. MWATSAMA – DEPUTY CHAIRPERSON SIGNED 26. 6.2025