Onyango v Metropolitan National Sacco [2025] KECPT 240 (KLR)

Onyango v Metropolitan National Sacco (Tribunal Case E463 of 2024) [2025] KECPT 240 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KECPT 240 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E463 of 2024

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

February 27, 2025

Between

Roselyne Atieno Onyango

Claimant

and

Metropolitan National Sacco

Respondent

Judgment

1. The matter for determination in the Statement of Claim undated filed on 7. 6.2024 wherein the Claimant claims for:-i.Kshs. 461/= being refund for shares.ii.Kshs.5,000/= towards share investment.iii.Kshs.35,000/= Burial Benevolent.iv.Cost and interestv.Any other relief the Tribunal deems appropriate.The claim is accompanied by documents in support of the claim. The Claimant’s case being a refund case has been canvassed though Claimant’s written submissions.

2. The Respondent filed a Defence dated 25/7/2024 and states that the Claimant’s Statement of Claim is defective and indicates the Claimant to refer to the Respondent’s resolutions of the annual general meeting where it was agreed that all refunds must be suspended to allow the Respondent achieve some financial position to accommodate refunds.The Respondent denies Paragraph 3, 4, and 5 of the Statement of Claim essentially denying owing the Claimant any monies.Being a refund case the Respondent’s case was also conversed through written submissions.

Analysis 3. The issue for this Tribunal to determine is whether the Claimant has sufficiently proved her claim on the balance of probability and if she is entitled to the claim.The Claimant has produced among other the following documents in support of her claim;a.Notice of withdrawal letter dated 3/9/2021. b.Payslip for May, 2021. c.Letter to the Respondent dated 6/10/2022. This Tribunal is inclined to believe that the above documents are a proof that the Claimant was indeed a member of the Respondent had savings with the Respondent and that she did a demand notice of intention to withdrawal her savings with the Respondent.On the other hand, the Respondent in their Defence has denied the Statement of Claim and challenged the Claimant to prove that she has cleared her outstanding loan and guarantorship. The Respondent has not filed any evidence to prove that the Claimant had outstanding loans or was a guarantor.Though the Respondent submits that it is going through financial turmoil and is overwhelmed by various claims on withdrawal of savings, the Claimant has a right to claim her savings.

4. As regards prayer 2 of the statement of claim, we observe that the amount of Kshs.5,000/= must have been her share capital with the Respondent which is not refundable.Prayer 3 seeks a refund of Kshs.35,000/= paid as burial benevolent but the claim amount is not refundable.We observe that the Claimant’ statement of claim prays for Kshs. 461/= while the Claimant’s payslip of May 2021 reflects Kshs.461,589. 07/=.We are inclined to belief that the amount of Kshs.461/= in the Statement of Claim is clearly a typo error since it differs with the amount on the payslip.In view of the above facts the typo error not withstanding, we find merit in the Claimant’s claim and order as follows:a.Claimant is refunded Kshs.461,589. 07 by the Respondent.b.Prayer 2 fails.c.Prayer 3 fails.d.Cost of suit.Judgement entered in favor of the Claimant of Kshs.461,589. 07/= plus cost and interest at Tribunal rates from the date of the claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahSiro George for ClaimantNone appearance by the RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025