[2025] KECPT 270 (KLR)
The Tribunal found that the claimant failed to provide critical documentary evidence, such as a payslip or member statement, to substantiate his membership and the amount claimed as savings and dividends. Despite directions to file such evidence, the claimant only produced a notice of withdrawal and a demand letter,...
Source-derived case information.
- Citation
- [2025] KECPT 270 (KLR)
- Parties
- Applicant: Simon Wainaina Kamau; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 100/E211 of 2024
- Procedural Posture
- Refund Claim / Judgment
- Outcome
- claim dismissed
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Refunds, Burden of Proof, Membership Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Wainaina Kamau
Applicant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs 613,974.79 and interest thereon.
- 2 Whether the claimant has provided sufficient evidence of membership and savings with the respondent Sacco.
Ratio Decidendi
The Tribunal found that the claimant failed to provide critical documentary evidence, such as a payslip or member statement, to substantiate his membership and the amount claimed as savings and dividends. Despite directions to file such evidence, the claimant only produced a notice of withdrawal and a demand letter, which were insufficient to prove the claim. The Tribunal emphasized that, while not bound by technicalities, basic evidence is necessary to establish entitlement to refunds. The respondent's general denial and reference to financial difficulties and AGM resolutions suspending refunds further undermined the claimant's case. Applying the principle that the burden of proof lies...
Court Disposition
claim dismissed
Orders
- The claim is dismissed for lack of merit.
- No order as to costs.
Full Case Text
Judgment text and source record
37 paragraphs
Kamau v Metropolitan National Sacco Limited (Tribunal Case 100/E211 of 2024) [2025] KECPT 270 (KLR) (29 April 2025) (Judgment)
Neutral citation: [2025] KECPT 270 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 100/E211 of 2024
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
April 29, 2025
Between
Simon Wainaina Kamau
Claimant
and
Metropolitan National Sacco Limited
Respondent
Judgment
1. The claim was instituted by way of a Statement of Claim dated 19/03/2023.
2. The Claimant alleges that he was a member of the Respondent’s Sacco and had savings of Kshs 613,974. 79/=.
3. The Respondent filed a Defence dated 19/04/2024 denying the Statement of Claim and informing this Tribunal that the Sacco has been going through hard financial times and is overwhelmed by the numerous claims for refunds of shares.
4. This being a matter of refunds, this Tribunal on 18/09/2024 directed that the matter be dispensed by way of Written Submissions.
5. On the same day, the Respondent was directed to file List of Documents and Statement by Account of the Claimant.
6. The issue for determination is whether the Claimant is entitled to the Claim of Kshs 613,974. 79 and interest thereon.
Analysis 8. We observe that the Claimant has filed only two documents in support of his case namely: Notice of Withdrawal dated 08/05/2023.
Claimant’s Advocates demand letter dated 25/05/2023 addressed to the Respondent.
9. We further note that this demand letter was received by the Respondent vide a received stamp.
10. It is noted with concern that the Claimant did not file a copy of his payslip or his statement with the Sacco which are critical documents to confirm his membership and savings with the Respondent’s Sacco.
11. In their Written Submissions, the Claimant under Paragraph 17 submits that the Claimant’s membership and savings of Kshs 613,974. 79/= is not denied by the Respondent. The Claimant states that the Claim figure includes shares of year 2022 dividends.
12. We note that the share capital and dividends for 2022 is not evidenced at all – it is just a block figure.
13. In the Respondent’s Written Submissions dated 15/10/2024, the Respondent submits that the Claimant has not proved that he is owed shares, savings or dividends by the Respondent.He submits that shares are non-refundable.
14. The Respondents refers this Tribunal to the Annual General Meeting of 21/04/2022 which allegedly suspended any refunds and that the Respondent has been undergoing financial challenges.
15. The Respondent submits that they can only refund Kshs 2000/= to Kshs 5000/= if this Tribunal finds that the Claimant is owed any monies by the Respondent.
Conclusion 16. We note that the Claim figure of Kshs 613,974. 79/= has not been proved or broken down to show how much is the savings, the share capital and the dividends for the year 2022.
17. We expected that the Claimant would file the basic evidence of membership and savings by way of a payslip as a member Statement from the Respondent Sacco.
18. While this Tribunal is not a court of technicalities a payslip and/or a member statement is necessary as evidence of membership and savings to the Respondents.
19. While sympathising with the Claimant, we note that he did not attach the aforementioned critical documents to support his claim.
20. We finally observe that the Respondent in Paragraph 16 of the Defence denies each and every allegation in the Statement of Claim.
21. In view of the foregoing, we find that the claim is not adequately prosecuted. Documents key to a claim of shares/savings refunds have not been filed despite the Tribunal directions on 18/09/2024.
22. As for Section 107(1) of the Evidence Act...” Those who allege must prove” We find that the Claimant has not proved his case adequately and we are inclined to order that the Claim lacks merit and is therefore dismissed with no orders to cost.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025. HON. B. KIMEMIA - CHAIRPERSON SIGNED 29. 4.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 29. 4.2025HON. BEATRICE SAWE - MEMBER SIGNED 29. 4.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 29. 4.2025HON. PHILIP GICHUKI - MEMBER SIGNED 29. 4.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 29. 4.2025HON. PAUL AOL - MEMBER SIGNED 29. 4.2025Tribunal Clerk J. KokiNjeri advocate for ClaimantNone appearance for RespondentHON. B. KIMEMIA - CHAIRPERSON SIGNED 29. 4.2025