Orient Sacco Limited v Kamau [2025] KECPT 305 (KLR)

Orient Sacco Limited v Kamau (Tribunal Case 32 of 2021) [2025] KECPT 305 (KLR) (29 May 2025) (Judgment)

Neutral citation: [2025] KECPT 305 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 32 of 2021

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

May 29, 2025

Between

Orient Sacco Limited

Claimant

and

Samuel Kamau

Respondent

Judgment

1. This Claim was instituted by way of a Statement of Claim dated 18. 1.2021. In this claim the Claimant alleges that the Respondent owes them Kshs. 1,775,064. 30/= by way of default loans and interest.

2. The claimant has filed a witness statement dated 18. 1.2021 alleging that the Respondent ignored the provision of the loan agreement, hence the Claim from the defaulted loan and interest thereon. The Claimant has also filed documents in support of the claim under bundle of documents dated 18. 01. 2024. The Claimants case was heard on 14/8/2024 where Mr. Joseph K Kiragu, the sacco Chairman stated that the claim was for Kshs. 1,775,064/= but that the Respondent admitted part of the claim. He stated that the respondent had only paid kshs.181,820/= as at January 2024. The claimant filed written submission dated 10. 10. 2024. The respondent filed a statement of admission dated 3. 3.2021 for Kshs 723,333. 00/= paying the fiscal to repaying the above admitted amount at Kshs. 15,000/= per month commencing on or before 30th November, 2021

3. The Respondent filed documents to support their case under bundle dated 5. 8.2021. This Tribunal recorded a decree for Kshs 723,333. 69/= on 3. 11. 2021 arising from the Claimants admission.

4. A statement by the Respondent dated 5. 8.2021 was filed wherein the Respondent tabulated his loan balance with the Claimant He alleges it that he owes the Claimant Kshs. 328,064. 50/=. He denies owing the Claimant claim amount on his statement of claim. The Respondent case was heard on 14. 08. 2024 where the Respondent Mr. Samuel Kamau admitted owing the Claimants Kshs 328,064/= The Respondent filled written submissions where the Respondent admitted that he was an employee of the Claimant cooperative earning a gross salary of Kshs 106,000 /=comprising basic salary of kshs 96,000/= responsibility allowed of Kshs 10,000/=. The respondent prays for correction of the erroneous admitted amount as determined amount payable to him.

Order claimant to reimburse him responsibility allowance

Direct claimant to refund salary unjustly deducted from his final dues.

5. We note that the Respondent does not deny that he was granted loans by the Claimant. The respondent however differs with the Claimant on the outstanding amount owed to the claimant on 3. 3.2021 the respondent admitted owing the claimant Kshs. 723,333. 69/= we note that later on 5. 8.2021 the respondent revised the earlier admission to Kshs 328,064. 50/=. In the 2nd admission we absence that the Respondent has included employment/staff benefits which do not fall within this Tribunals jurisdiction.

6. The 2nd admission is therefore not admissible since some of the items include in the constitution of amount owed are employment related and are not proven. On the other hand, the tribunal is convinced it at the Claimant has adequately prosecuted their claim with sufficient documentation filed in this Tribunal.

7. The Claimant has filed loan application and agreement of the loans that granted to the respondent enough evidence As regards the loans granted to respondent.

8. The Claimant has in the statement of claim of 11. 1.2021 enumerated on the paragraph 3-9 the loans taken by the Respondent. The claimant has also filed the Respondent statement as at December 2020 showing the methods. Respondents loan transactions. We find that the claim has merit on a balance of probability we enter judgment in favor of the Claimant against the Respondent and order as follows:a.Respondent to pay Claimant Kshs. 1,775,064. 30/= with interest at Tribunal rates.b.Costs of suit to the Claimant.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF MAY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 5.2025HON. BEATRICE SAWE MEMBER SIGNED 29. 5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 5.2025HON. PHILIP GICHUKI MEMBER SIGNED 29. 5.2025HON. P. AOL MEMBER SIGNED 29. 5.2025Tribunal Clerk MutaiJudgment delivered in absence of parties.HON. J. MWATSAMA CHAIRPERSON SIGNED 29. 5.2025