Orido v Nasca Sacco [2023] KECPT 1085 (KLR)

Orido v Nasca Sacco (Tribunal Case 715/E785 of 2022) [2023] KECPT 1085 (KLR) (14 December 2023) (Judgment)

Neutral citation: [2023] KECPT 1085 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 715/E785 of 2022

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

December 14, 2023

Between

Samson Ochieng Orido

Claimant

and

Nasca Sacco

Respondent

Judgment

1. Matter for determination is vide Statement of Claim dated 22/8/2022 filed on 31/8/2022. The Claimant avers he was a member of the Respondent since 2013 and started making monthly contributions and saved Kshs. 331,000/=.

2. On 26/8/2020, he gave Notice of Withdrawal. A direction was given by the State Department for Co-operatives directing funds to be paid up in the timelines but only got a refund of Kshs 20,000/=

3. The Respondent failed to refund the Claimant their money and as such the Claimant prays for:a.The sun of Kshs 233, 600. 00/=.b.Interest o (a) above from 26th October, 2020 till payment in full.c.Damages for breach of contract.d.Costs of this suit.e.Any other or further relief that the Honourable Tribunal may deem fit to give.

4. The Claimant files List of Documents dated 22/8/2022 filed on 31/8/2022, which documents include;1. Complaint to the Sacco Societies Regulatory Authority dated 27th September, 2021. 2.Letter from the Commissioner for Cooperative Development dated 3rd May, 2021. 3.Letter from the Commissioner for Cooperative Development dated 7th June, 2021. 4.Demand letter dated 1st August, 2022.

5. The Respondent filed a response to Claim dated 5/10/2022 filed on 7/10/2022 denying the Claimant’s averments and that the Kshs 20,000/= allegedly refunded has not been demonstrated.

6. Being a matter of refunds, the parties were directed to file Written Submissions. The Claimant filed Written Submissions dated 26/7/2023.

7. As at the date of Writing this judgement, the Respondent had not filed their Written Submissions. As such, the matter for determination is whether the Claimant is entitled to his refund of Kshs. 233,600. 00/=. The Claimant filed letter dated 7/6/2021 from the Commissioner for Co-operatives addressed to the Chairman NASCA Sacco directing them to pay the Claimant another letter dated 3/5/2021 with similar content.

8. As such despite the Respondent having derived the Claim they have given, no evidence to counter the Claim. Therefore, without such evidence from the Respondent, it is for them to have brought evidence to counter the claim other than mere denials.

Upshot.Judgment is entered in favour of Claimant against the Respondent for Kshs 233,600/= plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 14. 12. 2023HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 14. 12. 2023HON. BEATRICE SAWE - MEMBER SIGNED 14. 12. 2023HON. FRIDAH LOTUIYA - MEMBER SIGNED 14. 12. 2023HON. PHILIP GICHUKI - MEMBER SIGNED 14. 12. 2023HON. MICHAEL CHESIKAW -MEMBER SIGNED 14. 12. 2023HON. PAUL AOL -MEMBER SIGNED 14. 12. 2023Tribunal Clerk JonahNo appearance by parties.Judgment delivered in absence of the parties.HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 14. 12. 2023