[2025] KECPT 225 (KLR)
The Tribunal found that the claimant had sufficiently demonstrated, through documentary evidence and uncontroverted submissions, that he was owed Kshs. 80,780 by the respondent. The respondent's admission of Kshs. 61,000 and lack of contestation regarding the balance of Kshs. 19,780 established the claimant's...
Source-derived case information.
- Citation
- [2025] KECPT 225 (KLR)
- Parties
- Applicant: David kiriwa Kosgei; Respondent: Kenkaz Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 806/E025 of 2022
- Procedural Posture
- Refund Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
- Legal Topics
- Sacco Member Refunds, Contractual Obligations, Admission of Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David kiriwa Kosgei
Applicant
Kenkaz Sacco Limited
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the claimant has proved entitlement to a refund of Kshs. 80,780 from the respondent.
- 2 Whether the respondent's admission of part of the claim and proposal for instalment payments affects the balance claimed.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The Tribunal found that the claimant had sufficiently demonstrated, through documentary evidence and uncontroverted submissions, that he was owed Kshs. 80,780 by the respondent. The respondent's admission of Kshs. 61,000 and lack of contestation regarding the balance of Kshs. 19,780 established the claimant's entitlement to the full amount. The Tribunal held that the respondent's proposal to pay in instalments did not negate the claimant's right to the total sum, and the absence of a substantive defence to the balance justified judgment for the claimant. Costs and interest were awarded as the claim was meritorious and unopposed in material respects.
Court Disposition
judgment for the claimant
Orders
- The respondent shall refund the claimant Kshs. 19,780 with interest at court rates.
- The respondent shall pay the claimant the total sum of Kshs. 80,780.
Full Case Text
Judgment text and source record
25 paragraphs
Kosgei v Kenkaz Sacco Limited (Tribunal Case 806/E025 of 2022) [2025] KECPT 225 (KLR) (27 March 2025) (Judgment)
Neutral citation: [2025] KECPT 225 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 806/E025 of 2022
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
March 27, 2025
Between
David kiriwa Kosgei
Claimant
and
Kenkaz Sacco Limited
Respondent
Judgment
1. This claim is based on the statement of Claim dated 21/9/2022 and supported by the Claimants witness statement dated 21/9/2022 and his written Submissions dated 24/9/2024. The Claimant claiming Kshs. 80,780/= being his savings with the Respondent he has filed relevant documents in support of his case which includes: Pay slip
His demand letter to the Respondent and
Respondent letter of 19/2/2022 to the Claimants advocates indicating that the Claimant registered from the Sacco.
2. In their written Submissions dated 24/9/2024 the Claimants states that he is owed Kshs. 80,780/= by the Respondents and has attached documents to support this Claim. He avers that the respondent has not honored his proposal to refund the Claimant Kshs. 61,000/= instalments as contained in his statement of admission he prays for Judgment in favour of the Claimant against the Respondent for balance of Kshs. 19,780/=
3The Respondent in the Statement of admission dated 4/11/2022 admits owing the Claimant Kshs. 61,000/= and proposes to repay refund in equal instalments of Kshs. 10,000/= by 30/5/2023 and the rest by 30th of each succeeding month till payment in full.
4. Being a refund case, this Tribunal on 11/6/2024 ordered that the matter be canvassed through written submissions
5. We note that the Tribunal on 11/6/2024 entered Judgment in favour of the Claimant against the Respondent for Kshs. 61,000/= The Tribunal ordered the parties to submit on the balance of Kshs. 19,780/=. The Claimant has demonstrated how the Kshs. 19,780/= was arrived at through his documents which proved the Kshs. 80,780/= as owed by the Respondent
6. The issue for this Tribunal to determine is whether the Claimant has proved beyond a reasonable doubt the KSH. 80,780/= claim to the Respondent. We note that the Respondent has admitted Kshs. 61,000/=
7. Proposed a refund schedule. The remaining balance of Kshs. 19,780/= has not been contested by the Respondent.
8. Accordingly, we find that the Claimant case is merited as therefore enter Judgment in favour of the Claimant against the Respondent and orders as follows:a.The Respondent to refund the Claimant Kshs. 19,780/= and interest at court ratesb.Cost of suit to the Claimant. Total amount Kshs. 80,780/=
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahMr. Okara advocate for the ClaimantKenkaz sacco – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025