https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/246

Hurima Sacco Limited v Egesa (Tribunal Case E507 of 2025) [2026] KECOPT 246 (KLR) (28 May 2026) (Judgment) Neutral citation: [2026] KECOPT 246 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E507 of 2025 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members May 28, 2026 Between Hurima Sacco Limited Claimant and Kevin Clain Onyango Egesa Respondent Judgment 1.The Claimant, a co-operative society duly registered under the laws of Kenya, instituted this claim against the Respondent seeking recovery of Kshs. 306,649.87 being outstanding loan arrears together with accrued facility interest as at 27th January 2025, costs of the claim, and interest thereon. 2.The Tribunal derives jurisdiction to hear and determine this dispute pursuant to Section 76 of the Co-operative Societies Act, the dispute herein being one between a co-operative society and its member concerning a debt arising from loan facilities advanced by the society. 3.The Claimant pleaded that the Respondent, being a member of the Claimant society, applied for and was advanced loan facilities by the Claimant pursuant to the society’s by-laws and the terms governing the facility. In support of the claim, the Claimant annexed a loan application form dated 2021 duly executed by the Respondent for a loan facility of Kshs. 270,000/=. The Claimant averred that the Respondent defaulted in repayment despite demand and notice. 4.The record shows that summons to enter appearance together with the Statement of Claim were served upon the Respondent. The Claimant filed an Affidavit/Certificate of Service sworn by the court process server evidencing service upon the Respondent through WhatsApp messaging, electronic mail, and mobile phone confirmation. 5.The process server annexed screenshots demonstrating that the pleadings and summons were transmitted to the Respondent through the Respondent’s known WhatsApp number and that the messages were marked as received and seen, commonly referred to as “blue ticks.” Further, the process server annexed proof of transmission of Kshs. 1 to the said mobile number as confirmation that the number indeed belonged to the Respondent. The pleadings were also transmitted to the Respondent’s email address. 6.The Tribunal is satisfied that the mode of service employed sufficiently brought the proceedings to the attention of the Respondent and accorded him an opportunity to be heard in compliance with Article 50 of the Constitution of Kenya, 2010. Despite service, the Respondent failed to enter appearance and/or file a Statement of Defense within the prescribed timelines or at all. 7.The Claimant thereafter filed written submissions and urged the Tribunal to enter judgement as prayed in the Statement of Claim. 8.The Tribunal has carefully considered the pleadings, the documents on record, the affidavit/certificate of service, the Claimant’s written submissions, and the documentary evidence annexed thereto including the Respondent’s loan application form dated 2021 for a facility of Kshs. 270,000/=. The Respondent having failed to enter appearance or file a defense, the Claimant’s evidence remains uncontroverted. 9.The Tribunal notes that the Claimant produced documentary evidence establishing the existence of a borrower-lender relationship between the parties, namely the loan application form executed by the Respondent, which evidence was not rebutted in any manner. 10.From the material placed before the Tribunal, it is evident that the Respondent applied for and obtained loan facilities from the Claimant and thereafter defaulted in repayment, thereby occasioning the outstanding debt claimed herein amounting to Kshs. 306,649.87 inclusive of accrued facility interest as at 27th January 2025. 11.In the absence of any defense or rebuttal from the Respondent, and the Claimant having proved its claim on a balance of probabilities, the Tribunal finds the claim merited. 12.Consequently, judgement is hereby entered in favor of the Claimant against the Respondent for:a.Kshs. 306,649.87 being the outstanding loan amountb.Interest on (a) above at court rates from the date of filing suit until payment in full;c.Costs of the claim. 13.Orders accordingly. JUDGEMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 28TH DAY OF MAY, 2026.HON. J. MWATSAMA - AG. CHAIRPERSON SIGNED 28/5/2026HON. BEATRICE SAWE - MEMBER SIGNED 28/5/2026HON. FRIDAH LOTUIYA - MEMBER SIGNED 28/5/2026HON. MICHAEL CHESIKAW - MEMBER SIGNED 28/5/2026HON. P. AOL - MEMBER SIGNED 28/5/2026Court Assistant – MutaiNo appearance by partiesJudgement delivered in absence of parties.