Waigera v Metropolitan National Sacco Society Limited [2025] KECPT 342 (KLR)

Waigera v Metropolitan National Sacco Society Limited (Tribunal Case 168/E297 of 2024) [2025] KECPT 342 (KLR) (12 June 2025) (Judgment)

Neutral citation: [2025] KECPT 342 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 168/E297 of 2024

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

June 12, 2025

Between

Elizabeth Wanjiru Waigera

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

Judgment

1. The matter for determination is Statement of Claim dated 19/4/2024 filled on 19/4/2024. The Claimant state she is a member of the Respondent Sacco and had savings of Kshs. 563,341. 00. The Claimant avers on 20/11/2023 wrote to Respondent withdrawing her membership from the Respondent. The Claimants Claim is for:a.The said sum of Kshs. 563,341/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.Claimant to prove her Claim filed List of Documents dated 19/4/2024 filed on 19/4/2024 with:a.Withdrawal Lettersb.Pay slips

2. The Respondent filled Statement of Defence dated 22/5/2024 and 29/5/2024. The Respondent and Claimant has not proved deductions and has not shown the Respondent is in possession of her shares/deposits. Respondent further states that Claimant is not being truthful because she did not disclose them in the resolutions passed in Annual General Meeting suspending all refunds.Further in the Respondents Defense, they state that Respondent has financial challenges and there is a High Court Judicial Review Case.Respondent prays for Claim to be dismissed.

3. The matter being one of refund the Tribunal directed parties to file written submissions in a bid to dispose of the Claim.The Claimant filled written submissions dated 12/1/2025. As at the date of writing the Judgment the Respondent has not filled their written submissions.The issue for determination is two.Issue OneWhether Claimant was a member of the Respondent?Issue TwoWhat is due to them by Respondent?The Claimant filled her pay slips as proof of deductions. The pay slips are for June,2023. Which documents shows as at January ,2023 she had savings of Kshs. 563,341. 00 and loan with the said Sacco. It is unfortunate that the Respondent did not state whether the Claimant had cleared her loan balances as if she had any pending liabilities.As such we are unable to determine the actual position of the Claimants claim in absence of a Supporting Affidavit.We defer Judgment and direct the Claimant to file and serve their latest pay slips as at the date of withdrawal to enable us conclude the Claim.We confirm email dated 9/6/2025 was sent to parties by Tribunal.In absence of any response as at the date of delivering of Judgment.Judgment is entered in favor of Claimant against Respondent for Kshs. 563,341. 00 plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 12. 6.2025HON. BEATRICE SAWE - MEMBER SIGNED 12. 6.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 12. 6.2025HON. PAUL AOL - MEMBER SIGNED 12. 6.2025HON. PHILIP GICHUKI - MEMBER SIGNED 12. 6.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 12. 6.2025Tribunal Clerk J.MutaiJudgment delivered in absence of the parties.