[2025] KECPT 103 (KLR)
The tribunal found that the claimant had produced a statement of account which was not disputed by the respondent, and that the respondent's financial difficulties did not absolve it of its statutory obligation to refund member deposits. The tribunal held that as long as the co-operative society is operational and...
Source-derived case information.
- Citation
- [2025] KECPT 103 (KLR)
- Parties
- Applicant: Benard Machungo Barini; Respondent: Metropolitan National Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 76/E187 of 2024
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- claim allowed
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Cooperative Societies, Refund of Member Deposits, Liquidated Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benard Machungo Barini
Applicant
Metropolitan National Sacco Ltd
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his shares and deposits upon withdrawal from the respondent sacco.
- 2 Whether the respondent is obligated to refund the claimant despite its financial difficulties.
- 3 Whether the claimant has sufficiently proved his claim on a balance of probabilities.
Ratio Decidendi
The tribunal found that the claimant had produced a statement of account which was not disputed by the respondent, and that the respondent's financial difficulties did not absolve it of its statutory obligation to refund member deposits. The tribunal held that as long as the co-operative society is operational and not in liquidation, it must honor refund claims for liquidated sums. The tribunal therefore entered judgment for the claimant for the amount reflected in the statement, together with costs and interest from the date of filing at tribunal rates until payment in full.
Court Disposition
claim allowed
Orders
- Immediate refund of Kshs. 209,859.38 to the claimant.
- Claimant awarded costs of the suit together with interest from date of filing suit at tribunal rates until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Barini v Metropolitan National Sacco Ltd (Tribunal Case 76/E187 of 2024) [2025] KECPT 103 (KLR) (30 January 2025) (Judgment)
Neutral citation: [2025] KECPT 103 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 76/E187 of 2024
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Benard Machungo Barini
Claimant
and
Metropolitan National Sacco Ltd
Respondent
Judgment
1. The matter for determination is a Statement of Claim dated 4th March 2024 in which the Claimant claims that he withdrew from membership of the Respondent on 8th January 2024 and is yet to receive his savings amounting to Kshs. 229,859. 38/-. The Claimant therefore prays fora.The said sum of Kshs. 229,859. 38 being total shares contributions.b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.The Claim is accompanied by a Witness Statement, and Documents in support of the claim.
2. The Respondent filed a Statement of Defence dated 19th April 2024 in which they contend that the Claimant has not sufficiently established that the Respondent is in possession of her shares and or deposits. They further aver that the Respondent has been through so much financial turmoil, and is overwhelmed by various Applicants seeking to withdraw from the society.
3. The matter was canvassed by way of submissions and hence there was no hearing.
4. In their submissions, the Claimants submitted that they have proven their case on a balance of probabilities and that judgement should be entered in their favour.
5. Respondents did not file submissions.
Analysis 6. This Tribunal has considered the submissions of the Respondent and the documents filed by the parties.
7. This Tribunal sympathizes with the Respondent’s financial situation. However, on the other hand, in matters of refunds, is a member’s right to his deposits. The Co-operative Societies Act is clear on the concept of voluntary membership to a Co-operative Tribunal. As long as the Co-operative society is in operation, and has not gone into liquidation, it is expected to honor its obligation to its members. The good thing is that refund claims are liquidated sums, and the Respondent can go after, when it has regularized its books and brought order into operations.
8. The question, that this Tribunal now asks itself is whether the Claimant has sufficiently proved his claim on a balance of probabilities and if he is entitled to a refund.
9. The Claimant has produced a statement dated 1st August 2024. The Respondent has not disputed this statement, and this Tribunal is inclined to belief that it was extracted from the Claimant's account with the Respondent. The Claimant has not provided us with the calculations of how it came up with the claim amount of Kshs. 229,859. 58/-, and therefore this court will enter judgement on the value on the face of the statement.
10. Flowing from above, we find merit in the Claimants Claim and order as follows-a.Immediate refund of Kshs. 209,859. 38/- to the Claimantb.The Claimant is awarded costs of this suit together with interest from date of filing suit at Tribunal rates until payment in full.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025HON. BEATRICE SAWE MEMBER SIGNED 30. 1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30. 1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 1.2025HON. PAUL AOL MEMBER SIGNED 30. 1.2025TRIBUNAL CLERK MUTAIBernard Machungo Barini- PresentMetropolitan Sacco – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025