Peter v Cosmos Sacco Limited [2025] KECPT 366 (KLR)

Peter v Cosmos Sacco Limited (Tribunal Case 195/E263 of 2023) [2025] KECPT 366 (KLR) (10 July 2025) (Judgment)

Neutral citation: [2025] KECPT 366 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 195/E263 of 2023

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

July 10, 2025

Between

Elizabeth Peter

Claimant

and

Cosmos Sacco Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 31/3/2023. The Claimant states she was a member of the Respondent Sacco on 10/2/2022. She wrote to the Respondent to express her wish to withdraw membership from the Respondent and sought refund of her shares. The Claimant claims as at the time of withdrawing, she had savings of Kshs. 693, 789. 00/=.Her claim is for:a.The said sum of Kshs. 693,789. 00/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.The Claimant filed a List of Documents dated 31/3/2023 which included;a.Withdrawal letter.b.Pay slip

2. The Respondent filed a Statement of Defence dated 13/12/2023 on 17/9/2024 denying the Claimant’s averments. The Respondent in paragraph 5 of the Defence states that money belonging to the members including the Claimants was misappropriated by a board who have since quit and the Sacco is struggling financially. It also stated it has 140 pending cases and cannot use other members’ deposits to refund the Claimant. They also ask for the Claimant’s claim to be dismissed.

3. Matter being one for refunds was directed for parties to file Written Submissions. The Claimant filed their Written Submissions As at the date of writing this Judgment claimant had not filed their written submissions. Respondent filed Written Submissions dated 12th March, 2025 filed on 25th June, 2025. We have looked into the Claim and Defence. The Respondent’s Statement of Defence is full of mere denials and in paragraph 6, they confirm the Claimant was their member who knows there is forensic audit ongoing. Their excuse that refunding the Claimant would mean other member’s funds would be used is neither here nor there and has no basis.We are therefore inclined to agree with the Claimant about the refund.However, considering the Claimant’s documents, we are not convinced of the amount the Claimant had despite being convinced she was indeed a member. The Statement of Accounts filed by the Claimant is not in its proper format. We direct the Claimant to file and serve their documenti.e. pay slip or any other proof of deposits to the Respondents 10 days from 26/6/2025.

Judgement 10/7/2025. SignedHon. MjeniDeputy Chairperson20/6/2025Addendum 31/1/2022, 28/2/2022, 31/3/2022 upon directions given on 26/6/2025. We note the Claimant filed pay slips for the periodLooking into the said documents, we are convinced the Claimant has deposits with the Respondent.31/1/2022 pay slips shows an amount of Kshs. 4,400/= deducted and her balance was Kshs. 771,611/=Subsequent pay slips of 28/2/2022 and 31/3/2022 do not show any deductions from the Respondent for the sole reason the Claimant withdrew her membership vide letter dated 10/2/2022. The Defence or Respondent’s Written Submissions does not touch on the amount and now the Tribunal is convinced of the deductions by Claimant’s employer to the Respondent.We enter judgement in favor of the Claimant against the Respondent for Kshs. 693,789. 00/= as prayed plus cost and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF JULY, 2025. Hon. J. Mwatsama Deputy Chairperson Signed 10. 7.2025Hon. Beatrice Sawe Member Signed 10. 7.2025Hon. Fridah Lotuiya Member Signed 10. 7.2025Hon. Philip Gichuki Member Signed 10. 7.2025Hon. Michael Chesikaw Member Signed 10. 7.2025Hon. P. Aol Member Signed 10. 7.2025Tribunal Clerk KokiElizabeth Peter – PresentMetropolitan Sacco- No appearanceHon. J. Mwatsama Deputy Chairperson Signed 10. 7.2025