[2025] KECPT 239 (KLR)
The Tribunal found that the Claimant had provided sufficient documentary evidence of her membership, withdrawal request, and the amount of savings due. The Respondent failed to adduce evidence to rebut the Claimant's assertions or to prove that the withdrawal notice was not received. The Tribunal held that the...
Source-derived case information.
- Citation
- [2025] KECPT 239 (KLR)
- Parties
- Applicant: Serah M Kimemia; Respondent: Metropolitan National Sacco
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 36/E058 of 2023
- Procedural Posture
- Refund Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Contractual Obligations, By Laws Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah M Kimemia
Applicant
Metropolitan National Sacco
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of her savings from the Respondent Sacco upon withdrawal as a member.
- 2 Whether the Respondent is justified in withholding the refund based on liquidity challenges and AGM resolutions.
Ratio Decidendi
The Tribunal found that the Claimant had provided sufficient documentary evidence of her membership, withdrawal request, and the amount of savings due. The Respondent failed to adduce evidence to rebut the Claimant's assertions or to prove that the withdrawal notice was not received. The Tribunal held that the Claimant is entitled to a refund of her savings, and that the Respondent's reliance on liquidity challenges and AGM resolutions did not override the Claimant's statutory and contractual right to a refund upon withdrawal. Judgment was therefore entered in favour of the Claimant for the claimed sum, with costs and interest at Tribunal rates from the date of filing.
Court Disposition
judgment for the claimant
Orders
- The Respondent shall pay the Claimant Kshs. 369,313.00.
- The Respondent shall pay costs of the suit to the Claimant.
Full Case Text
Judgment text and source record
19 paragraphs
Kimemia v Metropolitan National Sacco (Tribunal Case 36/E058 of 2023) [2025] KECPT 239 (KLR) (27 February 2025) (Judgment)
Neutral citation: [2025] KECPT 239 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 36/E058 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
February 27, 2025
Between
Serah M Kimemia
Claimant
and
Metropolitan National Sacco
Respondent
Judgment
1. Matter for determination and is Statement of Claim dated 3/2/2023 filed on 17/1/2023. The Claimant notes she was a member of Respondent and on 17/5/2022 she visited Respondent’s office with a withdrawal letter which was dully received by Respondent.Respondent have not refunded the Claimant and Claimant’s claim is for Kshs.369,313. 00/=.The Claimant’s prayers are for:a.The said sum of Kshs. 369,313/=b.Costs of the suit and interest until payment in full.c.Any other relief so deemed appropriate by this Honourable Tribunal.Claimant filed List of Documents dated 3/2/2023 which include a:-a.Withdrawal letter dated 17/5/2022.
2. The Respondent filed a Statement of Defence stated 6/3/2023 on 10/3/2023. Where the Respondent confirmed Claimant was their Member No. 9592 savings FOSA Account No. 0000313512. However, Respondent denies receiving the notice of withdrawal and as per 2022 Annual General Meeting resolution members agreed to schedule refunds after years.Respondent stated Respondent as liquidity challenges and requests for more time. As a former member the Respondent is bound by its by-laws and Annual General Meeting resolutions.They filed their List of Documents dated 6/3/2023 filed on 10/3/2023 which included “-a.Claimant’s member statementb.Sacco by- lawsc.2019 and 2022 annual general meeting resolutions.d.Any other relevant documents.
2. Parties were directed to file Written Submissions being a refund matter.We also note that the Claimant filed her payslip upon request for the month of March, 2022 which confirms deductions levy done by Respondent herein ie Metropolitan National Sacco and her savings as per March, 2022 stood at Kshs.369, 363. 44/=.As such we are convinced of the Claimant’s claim.
2. The Respondent has denied the utterances of Claimant with no evidence adduced. In absence of any other evidence we are convinced that Claimant indeed was a member of Respondent and as such’-We enter Judgement in favour of Claimant against Respondent for Kshs. 369. 313. 00/= plus cost and interest at Tribunal rates from the date of filing claim.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahMuinde Advocate for the Claimant,No Appearance for the RespondentHON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025