[2025] KECPT 333 (KLR)
The tribunal found that the claimant was a member of the respondent Sacco and had made contributions. There was no dispute as to the claimant's membership or the fact of contributions. The respondent admitted the claimant was entitled to a refund, subject to deduction of a non-refundable membership fee and an...
Source-derived case information.
- Citation
- [2025] KECPT 333 (KLR)
- Parties
- Applicant: Isaya Sakwa Ayigo; Respondent: Bob Morgan Saccoo Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 79/E194 of 2024
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- claim allowed in part
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Withdrawal of Membership, Share Contributions, Outstanding Loans Deduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaya Sakwa Ayigo
Applicant
Bob Morgan Saccoo Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his shares and savings upon withdrawal from the respondent Sacco.
- 2 Whether the respondent is justified in deducting outstanding loans and non-refundable fees from the claimant's contributions.
- 3 Whether the respondent failed in its obligation to refund the claimant after cessation of membership.
Ratio Decidendi
The tribunal found that the claimant was a member of the respondent Sacco and had made contributions. There was no dispute as to the claimant's membership or the fact of contributions. The respondent admitted the claimant was entitled to a refund, subject to deduction of a non-refundable membership fee and an outstanding loan. The tribunal accepted the respondent's computation, which was supported by the evidence, and found that the claimant was entitled to Kshs. 110,348. The tribunal ordered that this amount be paid to the claimant with interest at tribunal rates from the date of filing until payment in full. Each party was ordered to bear its own costs.
Court Disposition
claim allowed in part
Orders
- Judgment entered in favor of the claimant for Kshs. 110,348 with interest at tribunal rates from 8th March, 2024 until payment in full.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
23 paragraphs
Ayigo v Bob Morgan Saccoo Limited (Tribunal Case 79/E194 of 2024) [2025] KECPT 333 (KLR) (26 June 2025) (Judgment)
Neutral citation: [2025] KECPT 333 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 79/E194 of 2024
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 26, 2025
Between
Isaya Sakwa Ayigo
Claimant
and
Bob Morgan Saccoo Limited
Respondent
(Coram: 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
1. The Claimant was a member of the Respondent Sacco Member No. 97099 and on 31st August, 2022 the Claimant wrote to the Respondent expressing his wish to withdraw membership and sought refunds of his shares.As at the time of resigning from the Respondent Sacco, the Claimant’s savings and monthly contribution stood at Kshs. 135,000/=
2. That despite the Claimant prevailing on the Respondent to refund his savings and contributions, the same was not done necessitating the filing of this Statement of Claim dated 8th March, 2024 for the refund of Kshs. 135,000/= plus cost of the suit and interest till payment is done in full.
3. The Respondent filed their Statement of Defence dated 17th April, 2024 stating among others that the Claimant despite being a member never served them with a notice of withdrawal nor a demand for refunds of his shares and savingsThe Respondent also made it clear that the Claimant can only be refunded after clearing the outstanding loans, guarantees and the non-refundable members fee of Kshs. 1000/=
4. The matter being one of refunds, this Honorable Tribunal on 13th September, 2024 gave orders for the suit to be canvassed by way of written submissions.
5. The Claimant filed their Submissions dated 15th November, 2024 stating among others:i.That both parties agree that the Claimant was a member of the Respondent Sacco and he did his monthly contributions, and the Respondent has defaulted in executing their obligation to refund the Claimant.ii.That the Claimant has filed his statement to show his contribution to the Respondent Sacco and what is remaining before court is the fair determination of the suit.iii.That the Claimant has already provided evidence as is required in evidence of the existence of the claim.iv.That the bylaws of the Respondent society provide that on cessation of membership, a person shall be paid their contributions less any outstanding obligations.v.That the Claimant is entitled to a refund of Kshs. 134, 779/= after deducting the non refundable membership fee of Kshs 1, 000/=
6. The Respondent on their end filed their submissions dated 24th April, 2025 stating among others:I.That the Claimant is relying on a withdrawal letter and statement which were not filedII.That the closing balance of the Claimant’s account as at 22nd December, 2023 was Kshs. 111, 679. 24/=III.That the Claimant also had a school fees loan balance of Kshs. 331. 66/=IV.That they urge court to enter judgement for the Claimant for the sum of Kshs. 110, 348/=
Analysis and decision 7. We have looked at the pleadings and what has filed by both parties, and given that there is admission on record, we make the following orders:i.The Statement of Claim dated 8th March, 2024 succeedsii.Judgement is entered in favor of the Claimant for the sum of Kshs. 110, 348/= with interest at Tribunal rates from the date of filing 8th March, 2024 till payment in fulliii.Parties to bear their own costs
JUDGMENT 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 partiesJudgment delivered in absence of the parties.Hon. J. Mwatsama Deputy Chairperson Signed 26. 6.2025