[2025] KECPT 331 (KLR)
The Tribunal found that the Claimant had established her membership in the Respondent Sacco through documentary evidence, specifically payslips showing deductions to the Sacco. The Claimant also demonstrated that her total savings amounted to Kshs. 397,500 as of March 2019. The Respondent failed to provide any...
Source-derived case information.
- Citation
- [2025] KECPT 331 (KLR)
- Parties
- Applicant: Monica Njeri Kariuki; Respondent: Metropolitan Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 699/E376 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Share Redemption, Member Withdrawal Rights, Failure to Refund Savings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Njeri Kariuki
Applicant
Metropolitan Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant was a member of the Respondent Sacco.
- 2 Whether the Claimant is entitled to a refund of Kshs. 397,500 as claimed.
Ratio Decidendi
The Tribunal found that the Claimant had established her membership in the Respondent Sacco through documentary evidence, specifically payslips showing deductions to the Sacco. The Claimant also demonstrated that her total savings amounted to Kshs. 397,500 as of March 2019. The Respondent failed to provide any evidence of outstanding liabilities or to produce the Claimant's statement of account as directed by the Tribunal. In the absence of contrary evidence and given the Respondent's non-compliance, the Tribunal accepted the Claimant's evidence as unchallenged. The Tribunal held that the Claimant was entitled to a refund of her savings, plus costs and interest, as there was no legal or...
Court Disposition
judgment for the claimant
Orders
- The Respondent shall pay the Claimant Kshs. 397,500.
- The Respondent shall pay costs of the suit to the Claimant.
Full Case Text
Judgment text and source record
27 paragraphs
Kariuki v Metropolitan Sacco Society Limited (Tribunal Case 699/E376 of 2023) [2025] KECPT 331 (KLR) (12 June 2025) (Judgment)
Neutral citation: [2025] KECPT 331 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 699/E376 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 12, 2025
Between
Monica Njeri Kariuki
Claimant
and
Metropolitan Sacco Society Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 04/05/2023 filed on 02/11/2023. Claimant states she is a member of Respondent under membership No. 22784. She claims to have saved with Respondent Kshs. 397,000 as at the time of her withdrawal.Claimant avers her last contribution was in March 2019 and gave notice in May 2021. She claims Respondent promised to refund her money 1 year from then but as to the time of filing suit no refund had been done. She gave the requisite 2 months’ notice and her prayer is this:a.An order compelling release of shares and/or savings back to the Claimant.b.Costs of the suit.c.Interest on (i) above at court’s rates and any other relief the tribunal may deem fit and just to grant.
2. Claimant also filed List of Documents not dated filed on 02/11/2023 which documents included:a.Demand letter dated 7. 5.2021b.Demand letter dated 21. 10. 2022c.Pay slip for February & March,2019d.Others to be stated with leave of court
3. The Respondent filed a Statement of Defence dated 08/12/2023 denying the averments by the Claimant Statement. Claimant has not proven the Respondent holds her savings.The Respondent further avers Claimant has not disclosed there was a resolution passed by the Respondent in an Annual General Meeting suspended all refunds.Further Respondent sates they are facing financial turmoil and are overwhelmed by the many withdrawals as a result of mismanagement by previous committee and there is a Judicial Review application pending hearing and determination from the High Court. As such the Claimant’s Claim is to be dismissed.
4. Parties were directed to file Written Submissions to dispose off with the Claim.
5. As at the date of writing this Judgement parties had not filed their Written Submissions.
6. Issue for determination are two.Issue OneWhether Claimant was a member of Respondent’s Sacco?Issue TwoWhether Claimant is entitled to refund of Kshs. 397,500. 00 as claimed.Issue One
Whether Claimant is a member of Respondent’s Sacco. 7. Claimant filed List of Documents undated filed on 02/11/2023 which list had payslips for February and March of 2019.
8. The said document shows the payslip and deduction being made to the Respondent’s Sacco. Why then would deductions be Made if Claimant was not a member?
9. The deductions towards Respondent confirm Claimant was a member.
Issue Two Whether Claimant is entitled to her refund of Kshs. 397,500. 10. The payslips in Claimant’s List of Documents confirm that deductions and payslip of March 2019 reflects her deposits to be Kshs. 397,500/=.
11. Before we award we note the Claimant had a loan with Respondent. However, the Respondent in their Defence, do not refer to the Claimant as having any liabilities any despite the Tribunal directions the Respondent to file Claimant Statement of Account on 15/07/2024 while giving directions to dispose off the matter in a bid to ascertain the exact amount owing to the Claimant the Respondent failed to do so.
Upshot 12. As such in absence of any contrary evidence we are inclined to enter Judgment in favor of Claimant against Respondent for Kshs. 397,500/= plus costs and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 12. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 12. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 12. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 12. 6.2025HON. P. AOL MEMBER SIGNED 12. 6.2025Tribunal Clerk MutaiNo appearance by parties.Judgment delivered in the absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025