Ogama v Busia Teachers Education Investment Cooperative Society [2024] KECPT 248 (KLR)

Ogama v Busia Teachers Education Investment Cooperative Society (Tribunal Case E014 of 2022) [2024] KECPT 248 (KLR) (7 March 2024) (Judgment)

Neutral citation: [2024] KECPT 248 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E014 of 2022

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

March 7, 2024

Between

Silvanus Hasino Ogama

Claimant

and

Busia Teachers Education Investment Cooperative Society

Respondent

Judgment

Facts of the case. 1. The Claimant was a member of the Respondent’s Society at a time it was known as Busia Teachers Education Scheme to the time it changed its name to Busia Teachers Investment Cooperative Society.On 2nd April, 2021, the Claimant gave notice to terminate his membership as he was retiring and as such it would not have been possible to continue contributing to the society through check-off. As at the time of giving the notice, his total contributions through Busia Teachers Education Scheme and Busia Teachers Investment Cooperative Society totaled to Kshs. 208,500/=.When the Respondent’s failed, refused or neglected to reimburse his contributions, he filed this case on July 6, 2022.

2. The Respondent in response, filed their Statement of Defence and claimed that as per their records, the Claimant was only a member of Busia Teachers Investment Cooperative as he joined them in 2014 and his total deposits amounted Kshs. 78,000/= of which he was entitled to Kshs. 71,000/= less Kshs. 7,000/= which were to be retained as Administrative Costs.

3. As at the time of filing this case, the Claimant did not have documents linking Busia Teachers Education Investment and Busia Teachers Education Investment and Busia Teachers Education Scheme. Once they did, the Claimant under order 51 rule 1 of the Civil Procedure Rules applied to this Tribunal to allow his case that he had closed to be reopened to allow him file further evidence of minutes from the Respondents Annual General Meeting confirming that Busia Teachers Education Scheme transitioned to Busia Teachers Investment Cooperative society.

4. This Tribunal allowed that motion and from the evidence before court, the Respondent opted not to challenge that further filing of additional evidence after service.The Only Question Now Remaining for determination is as to Whether The Claimant is entitled to The Prayers He Is Seeking

5. From evidence, it is not in doubt as per the minutes of the Annual General Meeting of the Respondent held at Lwanya Special School on 31st December, 2014 and the letter dated 26th February, 2015, that Busia Teachers Education Scheme transitional to Busia Teachers Investment Cooperative Society Limited.

6. From evidence, it is also not in doubt that the Claimant was a member of the Respondent’s Society and they have even admitted to owing him only how much is the issue.

7. In this particular case, there are no specific denials and/or definite refusals to admit allegation of facts that the Respondent owes the Claimant. The admission is in plain language and easily discernible – what was in doubt which has now been clarified was the connection between the Respondent and Busia Teachers Education Scheme.

8. We have examined the facts and the prevailing circumstances and find in favour of the Claimant that he has proved his case for the amounts he is claiming. The Respondent has not adduced any evidence to support the deduction of Kshs. 7,000/= as Administrative Costs.

Final Ordersi.Kshs. Refund for Kshs. 208,500/=ii.Costs and interest at Tribunal rates.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. Hon. Beatrice Kimemia Chairperson Signed 7. 3.2024Hon. Beatrice Sawe Member Signed 7. 3. 2024Hon. Fridah Lotuiya Member signed 7. 3.2024Hon. Philip Gichuki Member Signed 7. 3.2024Hon. Michael Chesikaw Member Signed 7. 3.2024Hon. Paul Aol Member Signed 7. 3.2024Tribunal Clerk JemimahImbaya for Claimant presentNo appearance for RespondentHon. Beatrice Kimemia Chairperson Signed 7. 3.2024