Karogo v Orient Sacco Society Ltd (Tribunal Case E274 of 2025) [2026] KECOPT 296 (KLR) (14 July 2026) (Judgment)

Karogo v Orient Sacco Society Ltd (Tribunal Case E274 of 2025) [2026] KECOPT 296 (KLR) (14 July 2026) (Judgment) Neutral citation: [2026] KECOPT 296 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E274 of 2025 J Mwatsama, Chair, B Sawe & M Chesikaw, Members July 14, 2026 Between Lydiah Nyandia Karogo Claimant and Orient Sacco Society Limited Respondent Judgment 1.The matter for determination is Statement of Claim dated 13/3/2025. The Claimant avers she was a member of Orient Sacco Society, the Respondent herein. Claimant avers as at 19/11/2024 she had made contribution of Kshs. 461,184.67/=. On 2nd January 2020, the Claimant withdrew from the Respondent Society. As at the date of filing suit the Respondent had not refunded the Claimant Savings.The Claimant prays for:a.An order compelling the Respondent herein to refund the Claimant her deposits amounting to the sum of Kshs.461,184.67/=.b.Interest on (a) above at commercial rates since she made her application for withdrawal of membership and request for refund on 2nd January 2020.c.Interest on (a) and (b) above.d.Costs.e.Any other relief that the Honourable Tribunal may deem fit to grant. 2.To support her claim, the Claimant filed List of Documents dated 13/3/2025 which included:1.Membership Form2.Cessation of Membership Form3.Request for Refund Letter4.Demand for Account information and Refund of Deposits to Orient Sacco5.Email Correspondence to Orient Sacco6.Demand for Account information and Refund of Deposits to Orient Sacco7.Letter from Orient Sacco8.Demand for Account information and Refund of Deposits to Orient Sacco9.Orient Sacco Limited Member’s Statement10.Formal Complaint to SASRA11.Orient Sacco By-LawsDuring hearing of the case, the Claimant adopted her Witness Statement dated 13/3/2025 as her evidence in chief and produced her documents in the List of documents dated 13/3/2025 marked as Claimant’s Exh.1-11. 3.During cross examination, she confirmed she saved regularly raging from Kshs. 3000/= per month. She admitted she was aware of the Respondent’s financial struggle and she did not attend the Annual General Meeting of 23rd April 2025.On clarification, the Claimant stated she filed her Statement of Account which showed the amount she had saved with Respondent Society. She confirms she received letter for instalment payment but did not follow up due to past experience with Respondent Society. 4.The Respondent filed Statement of Defence dated 8th September 2025. The Respondent Society admitted Claimant was their member and made deposits to the Society. Respondent state in their Defence that a resolution was passed separating deposits made prior to 2017 and post 2017; the deposits would be refunded as the former deposits would wait for Respondent’s financial status to improve.Respondent Society Defence is further that in the Special General Meeting held on 7/12/2016 members resolved to suspend withdrawal from membership to avoid collapse of Respondent Society.Respondent state share capital of Kshs.10,150/= is not refundable and security fund of Kshs.13,800/= is not refundable. 5.The Respondent filed List of Documents dated 1/9/2025 which include:1.Claimant’s Statements2.Cessation of Membership Form3.Correspondence4.Affidavit of Means5.Annual General Minutes 23rd April 20256.Annual Report and Audited Financial Statements for the year ended 31st December 20247.Revised By-Laws; as support to their Defence.During hearing the Respondent Society had RW1 Moses Kamunyu, a Board of Director member gave evidence. He adopted his Witness Statement dated 8/9/2025 as his evidence in chief and List of Documents dated 1/9/2025 marked as Respondent’s Exh.1-7 in order of list. 6.During cross examination, the Respondent witness stated they are ready and willing to pay the Claimant her dues. He clarified the share capital was not refundable neither was the security fund. He confirmed the resolution passed by members in 2016 that all pre 2017 deposits would be paid when Respondent Society was financially healthy. The Respondent admit they owe the Claimant Kshs.461,184.67/= on cross examination and clarification by the Members of the Tribunal. His evidence was that there was misappropriation of funds by the Respondent officials prior to 2017 and thus the reason why they can not refund the Claimant immediately and wish to do it in instalments. 7.Having heard the evidence of both parties, looked into their pleadings and documents produced, we note the Claimant filed Statement of Account from Respondent Society Claimant’s Exh.9 which showed she had savings of Kshs.485,134.67/= as at 1st January 2024. The Respondent also filed Claimant’s Statement of Account which showed Claimant’s savings as Kshs.466,250/= as at 31/10/2024.It is not in doubt the Claimant was a member of Respondent Society as per Section 76 of Cooperative Societies Act. It is not denied she had savings the issue is the repayment/refund of her contribution. We would ordinarily have analyzed the evidence before us which is clear the Respondent owes the Claimant. The Claimant did not have any liabilities.The RW1 when giving evidence admitted to owing the Claimant Kshs.466,184.62/=. What they are requesting for is for them to be allowed to pay in instalments. 8.What more do we have to consider in light pf the admission during hearing? Upshot 1.Judgment by admission is entered in favour of Claimant against Respondent for Kshs.461,184.02/= plus cost and interest from date of filing suit. 2.Thirty (30) days stay of execution granted. JUDGMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF JULY, 2026.HON. J. MWATSAMA CHAIRPERSON SIGNED HON. B. SAWE MEMBER SIGNED HON. M. CHESIKAW MEMBER SIGNED Court Assistant – Mutai