Omwaka v Cosmos Sacco Society Ltd [2025] KECPT 351 (KLR)

Omwaka v Cosmos Sacco Society Ltd (Tribunal Case 194. E264 of 2023) [2025] KECPT 351 (KLR) (Civ) (26 June 2025) (Judgment)

Neutral citation: [2025] KECPT 351 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 194. E264 of 2023

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

June 26, 2025

Between

Winfred Omwaka

Claimant

and

Cosmos Sacco Society Ltd

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 31/3/2023 filed on even date.Claimant states she was a member of the Respondent Sacco until 3/2/2020 when she wrote a withdrawal letter to get back her refunds. As at the time of withdrawal she claims to have had deposits of Kshs. 733,000/=. Her prayers in the Statement of Claim are:a.The said sum of Kshs. 733,000/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.Claimant filled List of Documents dated 31/3/2025 which contained:a.Withdrawalb.Statement

2. Respondent filled statement of Defence dated 12. 12. 2023. The Respondent denied the Claim by the Claimant and states Claimant needs to prove the claim. Further the Respondent avers there was miss management by previous officials and there is need for a forensic audit to be done. It would be unfair to refund the Claimant using the deposits of current members.

3. Matter being one of refund the Tribunal directs that parties to file and serve written submissions to canvas the claim Claimants filled their written submissions dated 24/1/2025 .Respondent filled their written submissions dated 12/3/2025. Having considered the Claim and documents in support and the Respondent Defence as well as the parties documents the issue for determination is whether the Claimant is entitled to her refund of Kshs. 733,000/=.Claimant to prove her claim filled her Statement of Account for Respondent society when it showed she had deposits of Kshs. 733,000/=.In the said Statement of Account, it does not show Claimant having any liabilities. Respondent on the other hand did not contrast the Claimants documents more so the Statement of Account.

4. The Respondent Sacco having financial challenges is not a reason why they should not refund the Claimant their deposits. The mismanagement as well is not business of the Claimant as a member but officials need to take their officials for investigation and maybe later surcharge would follow.The society still being a going concern and not in Liquidation has no reasons why refunds should not be done without deliberating the matter at hand Claimant has filed her documents to support her claim and this Tribunal is convinced of the same that Respondent owe her as much.

Upshot 5. Judgment is entered in favor of Claimant against Respondent for Kshs. 718,000/= less Kshs.15,000/= Share Capital plus costs and interest.

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. GechikoWinfred Omwaka presentWanjiru Mwende Advocate – None AppearanceHON. J. MWATSAMA – DEPUTY CHAIRPERSON SIGNED 26. 6.2025