Ogweno v Kenkaz Sacco Limited [2025] KECPT 209 (KLR)

Ogweno v Kenkaz Sacco Limited (Tribunal Case 829/E910 of 2022) [2025] KECPT 209 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KECPT 209 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 829/E910 of 2022

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

March 27, 2025

Between

Chrispin Ogweno

Claimant

and

Kenkaz Sacco Limited

Respondent

Judgment

1. This claim is instituted by way of a statement of claim dated 14/10/2022 the statement of claim is supported by claimant witness statement his documents bundle dated 14/10/2022 and his written submissions

2. The claimant alleges that the claimant that he has severally requested the respondent to refund his shares of Kshs. 211,998. 45/= being his deposits with the Respondent

3. The Claimant has filed a copy of his Notice of Withdrawal Notice for March 2023 and his statement of account with the respondent. Showing a member’s deposit balance of Kshs. 211,998. 45/= on 16/09/2023 the tribunal entered by admission judgement in favor of the claimant against the respondent for Kshs. 111,000/= undisputed amount and ordered the disputed amount of Kshs. 100,998. 45/= to be addressed by way of written submissions. In his Submissions the claimant overs that the claimant has proven his case on a solace of probability as in therefore entitled to claim of Kshs. 211,998/= less the undisputed amount of Kshs. 111,000/=

4. The Respondent has filed a Statement of Admission dated 4/11/2022 wherein Kshs. 111,000/= is admitted as one of the claimants. The respondent further requests to pay the Kshs 111,000/= in equal instalments of Kshs. 10,000/= p.a by 30th May 2023 as the rest by 30th of each month succeeding month till payment in full. The respondent has explicity denied the claim of Kshs. 211,998. 45 we note that the claimant has failed a copy of the resignation from the respondent letter and his statements with the respondent. showing the amount of his savings with the respondent.

5. We also note that the respondent through his statement of admission dated 4/11/2022 has admitted owing the claimant Kshs. 110,000. There seems to have been lack of internet on the part of the respondent to prosecute their case.

6. During the mentions of the case the respondent failed to appear the latest date being 10/12/2022 when the Claimant prayed for a judgement date

7. In Conclusion we take the issue requiring our determination in Kshs. 100,998. 45 which amount was in dispute it should be noted that ealier an 11/9/2023 this tribunal entered judgement on admission for Kshs. 110,000 in favour of the claimant against the respondent.

8. Accordingly, we find that claimant’s case has merit and therefore enter judgement in favour of the claimant against the respondent and orders as follows.a.Respondent to refund claimant Kshs. 100,998. 04/= and interest at ratesb.Costs to the Claimant

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. Hon. B. Kimemia - Chairperson Signed 27. 3.2025Hon. J. Mwatsama - Deputy Chairperson Signed 27. 3.2025Hon. Beatrice Sawe - Member Signed 27. 3.2025Hon. Fridah Lotuiya - Member Signed 27. 3.2025Hon. Philip Gichuki - Member Signed 27. 3.2025Hon. Michael Chesikaw - Member Signed 27. 3.2025Tribunal Clerk JonahNgichabi advocate for the ClaimantKenkaz sacco – no appearance .Hon. J. Mwatsama - Deputy Chairperson Signed 27. 3.2025