[2022] KECPT 137 (KLR)

Kwendo v Maseno University Sacco (Tribunal Case 651 of 2019) [2022] KECPT 137 (KLR) (Civ) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 137 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 651 of 2019

J. Mwatsama, Chair

February 17, 2022

Between

Omurundo John Kwendo

Claimant

and

Maseno University Sacco

Respondent

Judgment

1. The claim for determination is dated 17/9/19 filed on 22/10/19 by the Claimant. The Claimant avers he is an employee of Maseno University and member of Respondent Society. On 31/12/16 he withdraw his membership and had shares worth Ksh. 709,302/.Claimant states at the time of filing suit the Respondent had not paid up his dues.He claim therefore is;-a)Orders as prayed in paragraph 6 of the claim, that the Respondent process and pay to the Claimant his shares plus accrued interest thereon;b)Costs of the cause;c)Interest thereon at normal court rates;d)Any other relief this honourable court deems fit and just to grant.

2. The Respondent entered appearance and filed a Statement of Defence dated 29/11/19 filed on 3/12/19 to which they denied any wrong doing and that they owe the Claimant Kshs. 709,302/- as claimed.On 10/12/20 parties were directed to file written submissions to dispose of the claim. Parties did not attend court despite notices in the following mention dates 7/1/21, 6/5/21, 14/9/21 and 4/11/21. The Claimant’s filed their written submissions dated 14/12/20. The Respondent had not filed any written submissions as at the time a judgment date was slated.

3. We have carefully considered the claim and statement of Defence and documents filed therein.The Claimant filed her claim and relied on her documents in her list of documents dated 21/9/2019 filed on 22/10/19 to support her claim to which she had attached the following documents;a)Pay slips from the Claimant’s employee;b)A copy of the extract statement for the Claimant’s account from the Respondent’s office dated the 19/3/2019(attached);c)Demand notice dated the 17/4/2019. The Claimant also relied on her witness statement dated 17/9/19 to support her claim.The Respondent only filed a Memo of Appearance dated 27/11/2019 and Statement of Defence dated 29/11/19 filed on 3/12/19. The same contained mere denials and nothing else.

4. The issue for determination is thus one ;

ISSUE ONEWhether the Respondent owes the Claimant Ksh. 709,302. 00 as share refunds?The Claimant rightly reiterated he was a member of the Respondent and contributed shares. On perusal of Claimant’s documents we are satisfied that indeed deductions were made towards her account with the Respondent.Based on the Claimant’s documents we are satisfied Claimant was a member of Respondent and had deposits amounting to Ksh. 709,302/- as per the members Statement for members deposit dated 18th March, 2019. His withdrawal letter is also taken into account. We are thus satisfied the Claimant has proved his case on a balance of probability.

5. The upshot of the above we enter judgment in favor of Claimant against the Respondent in favour of Claimant for Ksh. 709,302/- plus costs and interest at Tribunal rates.

JUDGMENT, PREPARED READ AND DELIVERED ON VIRTUALLY THIS 17TH DAY OF FEBRUARY, 2022 WITH WHOM P. GICHUKI AND B. AKUSALA AGREE.HON. MJENI MWATSAMA DEPUTY CHAIRPERSON SIGNED 17. 2.2022P. GICHUKI MEMBER SIGNED 17. 2.2022B. AKUSALA MEMBER SIGNED 17. 2.2022In the presenceOjwang hold brief for Ochula for the RespondentOmondo firm - No AppearanceSignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22Ojwang – We pray for 45 days Stay of Execution.TribunalRespondent granted 30 days Stay of Execution.SignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22