Suyianka v Metropolitant Sacco Ltd [2024] KECPT 981 (KLR)

Suyianka v Metropolitant Sacco Ltd (Tribunal Case E277 (184) of 2023) [2024] KECPT 981 (KLR) (27 June 2024) (Judgment)

Neutral citation: [2024] KECPT 981 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E277 (184) of 2023

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

June 27, 2024

Between

Veronica Suyianka

Claimant

and

Metropolitant Sacco Ltd

Respondent

(Coram: Hon. B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)

Judgment

Facts Of The Case 1. The Claimant was a member of the respondent Sacco member number 12488 and on August 29, 2022 made an Application to withdraw her membership. As at the time of withdrawing her membership, her deposits stood at Kshs. 469,668. 79/=.

2. The respondent did not refund the deposits and on December 1, 2022, the claimant filed this claim praying for judgment against the respondent for the sum of Kshs. 469,668. 79/= plus interest at commercial rates from the August 29, 2022 till the date of judgment.The Respondent’s filed their Statement of Defence which indicated the following:i.That the Claimant did not withdraw her membership as they did not receive a withdrawal letter.ii.That the Respondent’s 2022 Annual General Meeting, made a resolution and agreed to stop all further refunds as a result of liquidity challenges which was within the Claimant’s knowledge.iii.That members made a resolution to schedule refunds on a first come first serve basis and once a withdrawal letter is received, the Claimant’s refund will put on a refunds roster.iv.That the Annual General Meeting of 2022 agreed to put refunds in abeyance and that resolution binds the Claimant.

3. On 17th April, 2024 this Tribunal made orders for this case to be canvassed through written submissions and the same having been complied with, the only question remaining for determination is as to whether the Claimant is entitled to the reliefs she seeking.

Is The Claimant Entitled To The Reliefs She Is Seeking? 4. From evidence adduced, the Respondent has not denied owing the Claimant refunds of Kshs. 469,668. 79/= as at the date of filing this claim. We have considered the circumstances they have raised and it is our considered opinion that they should not make the Claimant wait any longer. The Claimant has been waiting from August 2022.

Final Ordersi.Judgment entered in favour of the Claimant against the Respondent for the sum of Kshs. 469,668. 79/= plus cost and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF JUNE, 2024. Hon. B. Kimemia Chairperson Signed 27. 6.2024Hon. J. Mwatsama Deputy Chairperson Signed 27. 6.2024Hon. Beatrice Sawe Member Signed 27. 6.2024Hon. Fridah Lotuiya Member Signed 27. 6.2024Hon. Philip Gichuki Member Signed 27. 6.2024Hon. Michael Chesikaw Member Signed 27. 6.2024Hon. Paul Aol Member Signed 27. 6.2024Tribunal Clerk JonahMkamani advocate for the RespondentVeronicah Suyianka – No appearanceMkamani advocate – We pray for 30 days stay of executionTribunal ordersRespondent granted 30 days stay of execution.Hon. J. Mwatsama Deputy Chairperson Signed 27. 6.2024