[2025] KECPT 377 (KLR)
The tribunal found that the claimant was a member of the respondent and had made savings with the society. However, the claimant could not sufficiently explain the calculation of the claimed amount of Kshs. 100,000. The tribunal relied on the member statement, which reflected savings of Kshs. 92,992. In the absence...
Source-derived case information.
- Citation
- [2025] KECPT 377 (KLR)
- Parties
- Applicant: Millicent Akinyi; Respondent: Radar Savings & Credit Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 274/E323 of 2024
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Cooperative Societies, Savings Refund, Membership Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Millicent Akinyi
Applicant
Radar Savings & Credit Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of her savings from the respondent cooperative society.
- 2 Whether the amount claimed by the claimant is supported by evidence.
Ratio Decidendi
The tribunal found that the claimant was a member of the respondent and had made savings with the society. However, the claimant could not sufficiently explain the calculation of the claimed amount of Kshs. 100,000. The tribunal relied on the member statement, which reflected savings of Kshs. 92,992. In the absence of a defence from the respondent, the tribunal held that the claim was merited to the extent supported by documentary evidence and entered judgment for the claimant for the refund of Kshs. 92,992 with interest at tribunal rates and costs.
Court Disposition
judgment for the applicant
Orders
- The respondent shall refund the claimant Kshs. 92,992 with interest at tribunal rates.
- The respondent shall pay the costs of the suit to the claimant.
Full Case Text
Judgment text and source record
22 paragraphs
Akinyi v Radar Savings & Credit Society Ltd (Tribunal Case 274/E323 of 2024) [2025] KECPT 377 (KLR) (26 June 2025) (Judgment)
Neutral citation: [2025] KECPT 377 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 274/E323 of 2024
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 26, 2025
Between
Millicent Akinyi
Claimant
and
Radar Savings & Credit Society Ltd
Respondent
Judgment
1. This claim is instituted through a Statement of Claim dated 30/4/2024 for a savings refund of Kshs. 100,000/- with interest at courts rates and cost of the claim
2. The Claimant admits she was a member of the Respondent membership number 3909 and had saved Kshs . 100,000/- at that time of retirement in April 2023 she has filed payslips and members statement to confirm membership and savings with the Sacco
3. In her witness statement of 30/4/2024 she states she was a member of the Respondent since 2009 and had saved Ksh.100,000/- the Claimant case came up for hearing on 5/5/2025 where the Claimant adopted her witness statement and documents dated 30/4/2024 as per evidence in chief
4. The Claimant was not able to confirm how much of the claim amount was share capital and how much was deposits.She could also not explain an amount of Kshs. 1209/= in 2017 statementShe stated that she had no loan with the RespondentBy the time of writing this Judgement the parties had not filed their written submissions as ordered by this Tribunal on 5/5/2025
Respondent’s Case 5. The Respondent’s case was not prosecuted
Analysis 6. We find that the Claimant was a member of the Respondent and had made some savings with the RespondentDuring the hearing of the Claimant’s case we observed that the Claimant could not sufficiently explain how she calculated the claim amount of Kshs. 100,0000/- as per the claim
7. We have therefore relied on her member statement account which reflects savings of Kshs. 92,992 /- In the absence of a Defence we find that the claim is merited and therefore enter judgement in favour of the Claimant against the Respondent for refund of Kshs. 92,992 /- with interest at Tribunal ratesCosts of suit to the Claimant
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 26. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 26. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 6.2025HON. P. AOL MEMBER SIGNED 26. 6.2025Tribunal Clerk GechikoNo appearance by parties.Judgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 6.2025