https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/275

Emayo v Metropolitan National Sacco Ltd (Tribunal Case E004 of 2025) [2026] KECOPT 275 (KLR) (25 June 2026) (Judgment) Neutral citation: [2026] KECOPT 275 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E004 of 2025 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members June 25, 2026 Between Dennis Etyang Emayo Claimant and Metropolitan National Sacco Limited Respondent Judgment Introduction 1.The Claimant instituted this claim dated 27th February 2025 against the Respondent seeking refund of his shares following his withdrawal from the Respondent Sacco. 2.The Claimant seeks the following orders:a.An order directing the Respondent to pay the Claimant Kshs. 140,097.66 being refund of shares;b.Costs of the suit; andc.Any other relief that this Tribunal may deem fit and just to grant. The Claimant's Case 3.The Claimant averred that he was a member of the Respondent Sacco with membership No. 89117 and was making a monthly deposit to his Fosa Account No. 00400052 and had accumulated shares amounting to Kshs. 140,097.66. 4.The Claimant contended that he subsequently sought to exit the Respondent Sacco and demanded refund of his shares. Despite demand, the Respondent failed and/or neglected to refund the said amount, necessitating the filing of the present claim. 5.In support of his claim, the Claimant produced;a.a demand letter from his advocates andb.a member account statement showing accumulated shares amounting to Kshs. 140,097.66. 6.The Respondent did not enter appearance or otherwise participate in the proceedings. Issues For Determination 7.The issues falling for determination are:i.Whether the Claimant has proved his entitlement to refund of shares amounting to Kshs. 140,097.66;ii.What orders should issue as to costs. Analysis And Determination 8.The Tribunal has considered the pleadings and documentary evidence on record. 9.The Tribunal has considered the pleadings, documents and material placed before it. The law is settled that the burden of proof lies upon the party who would fail if no evidence at all were tendered on either side. In Palace Investment Ltd v Geoffrey Kariuki Mwenda & Another [2015] eKLR, the Court of Appeal stated:“The burden of proof is on the party who would fail if no evidence at all were given on either side."Further, in Kirugi & Another v Kabiya & 3 Others [1987] KLR 347, the Court held:“The burden was always on the plaintiff to prove his case on a balance of probabilities even if the case was heard by way of formal proof." 10.Accordingly, notwithstanding the Respondent's failure to participate in the proceedings, the Claimant was required to place sufficient material before the Tribunal to establish the claim. 11.The Claimant produced a Member Account Statement showing accumulated shares amounting to Kshs. 140,097.66. The Tribunal has perused the said statement and is satisfied that it reflects the amount claimed. 12.The Claimant also produced a demand letter in which it is stated that the Claimant's contributions had ceased following notice issued to the Respondent of his intention to exit the Sacco. Although the Claimant's List of Documents refers to a withdrawal letter, the same was not produced before the Tribunal. 13.Nevertheless, considering the contents of the demand letter together with the Member Account Statement, and in the absence of any evidence to the contrary, the Tribunal is satisfied on a balance of probabilities that the Claimant sought to withdraw from the Respondent Sacco and is entitled to refund of his shares. 14.The Tribunal therefore finds that the Claimant has proved his claim for refund of shares in the sum of Kshs. 140,097.66. 15.In the result, judgment is hereby entered in favor of the Claimant against the Respondent as follows:a.The Respondent shall pay the Claimant Kshs. 140,097.66 being refund of shares, plus costb.The Claimant shall have the costs of the suit. JUDGMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JUNE, 2026.HON. J. MWATSAMA AG. CHAIRPERSON SIGNED 25/6/2026HON. BEATRICE SAWE MEMBER SIGNED 25/6/2026HON. FRIDAH LOTUIYA MEMBER SIGNED 25/6/2026HON. MICHAEL CHESIKAW MEMBER SIGNED 25/6/2026HON. P. AOL MEMBER SIGNED 25/6/2026Court assistant – KokiNo appearance by partiesJudgement delivered in their absence