Wandati v Metropolitan National Sacco Society Ltd [2025] KECPT 373 (KLR)

Wandati v Metropolitan National Sacco Society Ltd (Tribunal Case 107/E205 of 2024) [2025] KECPT 373 (KLR) (10 July 2025) (Judgment)

Neutral citation: [2025] KECPT 373 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 107/E205 of 2024

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

July 10, 2025

Between

Ronald Musanga Wandati

Claimant

and

Metropolitan National Sacco Society Ltd

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 6/3/2023 filed on 21/3/2024, where the Claimant avers he was member no 39010. He withdrew of Respondent Society in the year 2013 and he had deposits of Kshs 144,033. 00/=The Respondent despite receiving the withdrawal notice, have failed to refund the Claimant.The Claimant’s claim is thus for:i.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Kshs. 144,033. 00/=ii.The Honourable Court to issue such orders and give such directions as it may deem fit to meet the ends of justice.iii.The Respondent to pay the costs of this claim.iv.Interest on the above at Court rates.The Claimant filed Witness Statements dated 6/3/2023 and List of Documents dated 6/3/2024 which included the following documents;1. Member’s statement.2. Demand letter3. Withdrawal letter

2. The Respondent filed statement of Defence dated 12/6/2024 filed on 8/7/2024. The Respondent denied the averments of the Claimant in the Statement of Claim stating that Claimant has not proved the Respondent has his deposits. Further, the Respondent had a resolution in the Annual General Meeting that all refunds have been suspended which decision was binding to all members.The Respondent also state their society is facing financial challenges and is overwhelmed by various applicants seeking to withdraw from the society as a result of mismanagement.They pray for the Claimant’s claim to be dismissed.The Respondent also filed Witness Statement dated 13/11/2024 and List of Documents dated 13/11/2024 which included;1. Annual General Meeting resolutions stopping refunds2. Statement of account3. Audited accounts of metropolitan4. Affidavit of means

3. Matter being one of refunds parties were directed to file Written Submissions to determine the Claim. The Claimant filed Written Submissions dated 13/12/2024 and the Respondent filed Written Submissions dated 13. 12. 2024. Having looked into the pleadings filed and documents filed by the parties, the issue for determination is;

Issue OneWhether Claimant has any liabilities? i.The Claimant from their Statement of Claim did not indicate whether they had any liabilities and evidence filed on Statement of Accounts from Respondent shows his savings.

ii.The Respondent in their documents, Witness Statement by Brian Mulwa dated 13/11/2024 in paragraph 5 states that Claimant has not disclosed he secured a loan from the Respondent and guaranteed another member.

iii.In their List of Documents; Document 2 – Statement of Accounts, the Respondent have indeed filed Statement of Accounts similar to that of Claimants but attach ed also Emergency Super loan thus Loan Account Statement of Claimant which shows as at 31/7/2023, the Claimant had loan balance of Kshs. 7,322. 68/=Indeed, Claimant had/has an obligation towards Respondent of Kshs. 7,322. 68/=

4. Issue Two.How much is the Claimant to be refunded if at all? i.Considering the above issue in finding the Respondent has a loan balance, the obligation has to be paid first before refund is done to the Claimant.

ii.As such, since the Claimants Statement of Accounts shows he had Kshs. 122,033. 60/= in savings as at 31/7/2023 and loan balance of Kshs. 7,322. 68, the difference in Kshs. 104,710. 92/=.

iii.Judgement is entered in favor of Claimant against Respondent for Kshs. 104,710. 92 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 KOKIJudgment delivered in absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025