[2025] KECPT 163 (KLR)
The tribunal found that the claimant had sufficiently proved his membership in the respondent Sacco by providing his membership number and statement of account. The respondent did not controvert this evidence. The statement of account showed savings of Kshs. 81,146.94 and share capital of Kshs. 10,000. The tribunal...
Source-derived case information.
- Citation
- [2025] KECPT 163 (KLR)
- Parties
- Applicant: Victor Mweberi Gichana; Respondent: Kencom Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 570/E580 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant in part
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refund, Unpaid Savings, Share Capital Non Refundability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Mweberi Gichana
Applicant
Kencom Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant was a member of the respondent Sacco at the material time.
- 2 Whether the claimant is entitled to a refund of his savings and share capital from the respondent.
- 3 Whether the respondent unlawfully withheld the claimant's contributions.
Ratio Decidendi
The tribunal found that the claimant had sufficiently proved his membership in the respondent Sacco by providing his membership number and statement of account. The respondent did not controvert this evidence. The statement of account showed savings of Kshs. 81,146.94 and share capital of Kshs. 10,000. The tribunal held that while the share capital is not refundable, the claimant is entitled to a refund of his savings. The respondent's failure to refund the savings after the claimant's withdrawal was unjustified. The tribunal therefore entered judgment in favour of the claimant for Kshs. 81,146.94 plus costs and interest, but declined to award the share capital or damages for withholding...
Court Disposition
judgment for claimant in part
Orders
- The respondent shall refund the claimant Kshs. 81,146.94.
- The respondent shall pay interest at court rates on Kshs. 81,146.94 from the date of filing until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Gichana v Kencom Sacco Society Limited (Tribunal Case 570/E580 of 2023) [2025] KECPT 163 (KLR) (30 January 2025) (Judgment)
Neutral citation: [2025] KECPT 163 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 570/E580 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Victor Mweberi Gichana
Claimant
and
Kencom Sacco Society Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 20. 7.2023 where the Claimant avers he was an employee of Spinners and Spinners Limited and registered member of Respondent herein that is, Kencom Sacco Limited. He is member number 4854 and old number 6527. The Claimant states as at 15. 4.2021 he had saved Kshs. 81,146. 94 and he withdrew from Respondent Sacco on 6. 2.2023 via a letter dated 6. 2.2023. Despite notice the Respondent refused and/or neglected to refund the Claimant herein. The claimant prayers are for:a.An order compelling the Respondents to refund the claimant his contributions of Kshs. 81,146. 94/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 81,146. 94/= the accrued dividends and interest from the date of filing of this suit until final payment.c.The liquidated sum of share capital of Kshs. 10,000/=d.Damages for unfairly withholding the claimant’s contributionse.Costs of this suit.f.Any other relief that this Honourable court may deem fit.
2. Claimant filed witness statement and List of Documents dated 20. 7.2023 filed on 3. 10. 2023. the documents to support are:a.Claimant’s Resignation letter dated 22nd November, 2022b.Claimant’s national identity cardc.Claimant’s member statementd.Correspondences between spinners and spinners and the Respondent(Kencom)e.Demand letterThe Respondent filed Statement of Defence dated 15. 2.2024 where they denied the Claimant’s averments.The parties were directed to file written submissions to dispense off with the claim.Claimant filed written submission dated 15. 10. 2024 while Respondent as of the date of writing this judgment had not filed any written submissions.This matter having been a refund issue the issues are clearIssue oneIs the Claimant a member?Issue twoHow much savings did the claimant have with Respondent
Issue one 3. Is the Claimant a member?The Respondent denied all averments by the Claimants. However, the Claimant gives his membership number 0004854 and proved the same by filing Statement of Account.This clearly shows he was a member.The Respondent have not controverted this position.Issue twoHow much savings did the claimant have with RespondentThe Statement of Account filed under Claimant’s List of Documents which was printed on 2. 6.2023 shows the Respondent had savings of Kshs. 81,146. 94/= with share capital of Kshs. 10,000/=.
4. The share capital is not refundable however the Claimant is entitled to his savings of Kshs. 81,146. 94/- .
As such we are convinced the statement has a case and we enter judgment in favour of Claimant against Respondent for Kshs. 81,146. 94/= plus cost and interest.Prayer C and D fails.
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 MutaiAchola advocate for the ClaimantMkhandia advocate for Respondent – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025