[2022] KECPT 158 (KLR)

John v Metropolitan National Sacco Society Limited (Tribunal Case 298 of 2020) [2022] KECPT 158 (KLR) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 158 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 298 of 2020

M Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members

February 17, 2022

Between

Sylvia Naiputa John

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

(Hon. Mjeni Mwatsama-Deputy Chairperson, with whom P. Gichuki and B. Akusala – Members agree)

Judgment

1. The matter for determination was filed vide an Amended Statement of Claim dated 8th March, 2021. The Amended Claim is by the Claimant in which she avers she was a member of the Respondent herein and was actively making contributing monthly.She was a member of the Respondent Sacco from 2007 until 2019 when she withdraw her membership from the Respondent Sacco.Despite demand the Respondent has refused to pay her dues.The Claimants prays for judgment against the Respondent for;a.Payment of shares equivalent to a sum of Ksh. 339,000/- plus dividends to date;b.A statement of account of the shares by the Respondent to date;c.Costs of this suit.

2. The Respondent filed on Amended Defence dated 6/7/21 on 11/8/21 to which they denied the claim. They however admit the Claimant was a member of Respondent holding account No. xxxx. They deny receiving any withdrawal letter and even if it was so the Claimant had to wait 60 days to be paid as per the By-Laws.The Respondent further avers the 2019 Annual General Meeting resolution members resolved the schedule of refunds was on a first wave first serve basis and decision authorized by SASRA and office of Commissioner for Co-operative Department and her refund is slated for 16/7/21. The Respondent further allege the Claimant is entitled to Kshs. 314,000/- and not Kshs. 339,000/- as claimed.

3. Parties were directed to file written submissions and Claimant’s filed their written submissions dated 17/9/21 on 20/9/21 and Respondent filed their written submissions dated 12/11/21 on even date.The issue to be determined is one whether the Claimant is entitled to her refund and how much is it?The case is straight forward and clear. The Claimant was a member of Respondent Sacco and they have not denied the same.The Claimant saved up monthly with Respondent Sacco and now demands for her refunds which she is entitled to.The Respondent have not denied he owes the Claimant neither have they alluded to there being any liabilities. They only state they owe the Claimant Kshs. 314, 000/- and not Kshs. 399,000/- to which they state the share capital of Ksh.25,000/- is nonrefundable.The Respondent have not attached the By-Laws to confirm this position. However we are well aware that share capital is usually not refundable. The Claimant has not refuted this.We also note that the Respondent clearly state the Claimant was scheduled to be paid on 16/7/21 which is already past at the time of writing this judgment.

4. ConclusionTo this end having considered the pleading, witnesses’ statements and documents. We enter judgment in favour of Claimant against Respondent for Kshs. 374,000/ plus costs and interest from the date of filing suit.

RULING, PREPARED READ AND DELIVERED ON VIRTUALLY THIS 17TH DAY OF FEBRUARY, 2022 WITH WHOM P. GICHUKI AND B. AKUSALA AGREE.Hon. Mjeni Mwatsama Deputy Chairperson Signed 17. 2.2022P. Gichuki Member Signed 17. 2.2022B. Akusala Member Signed 17. 2.2022In the presenceMr. Rana hold brief for Wachakane for the ClaimantOchieng hold brief for Thimba for the RespondentSignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22Ochieng -We pray for 30 days stay of executionRana – No objectionTribunal30 days Stay of execution granted.SignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22