[2025] KECPT 134 (KLR)
The Tribunal found that the Claimant had obtained a valid judgment and decree against the Respondent SACCO, which remained unsatisfied despite attempts at execution. The Respondent's late response and denial of service did not affect the enforceability of the judgment, as no application to set aside the judgment was...
Source-derived case information.
- Citation
- [2025] KECPT 134 (KLR)
- Parties
- Applicant: Maria Njoki Machami; Respondent: Deli Savings & Credit Cooperative Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 416/E204 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Enforcement Application
- Outcome
- application partly allowed
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Enforcement of Decree, Oral Examination of Officials, Cooperative Societies Disputes, Judgment in Default, Execution Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maria Njoki Machami
Applicant
Deli Savings & Credit Cooperative Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the officials of the Respondent SACCO should be orally examined regarding the Respondent's assets and means to satisfy the decree.
- 2 Whether the officials of the Respondent SACCO can be ordered to satisfy the decree personally and jointly.
- 3 Whether the Respondent's late response to the claim affects the enforceability of the judgment.
Ratio Decidendi
The Tribunal found that the Claimant had obtained a valid judgment and decree against the Respondent SACCO, which remained unsatisfied despite attempts at execution. The Respondent's late response and denial of service did not affect the enforceability of the judgment, as no application to set aside the judgment was made. The Tribunal held that the oral examination of the Respondent's officials was merited to ascertain the Respondent's assets and means of satisfying the decree. However, the request to hold the officials personally and jointly liable for the decree was not merited, as there was no legal basis to pierce the corporate veil or impose personal liability in the absence of...
Court Disposition
application partly allowed
Orders
- The officials Winston Mbogo (Vice Chairperson), Martin Okumu (Treasurer), and James Muthungi (Secretary) of Deli SACCO are ordered to attend Tribunal for oral examination as to the Respondent's assets or means of satisfying the decree and to produce relevant documents.
- The request to order the said officials to satisfy the decree personally and jointly is disallowed.
Full Case Text
Judgment text and source record
31 paragraphs
Machami v Deli Savings & Credit Cooperative Society Ltd (Tribunal Case 416/E204 of 2021) [2025] KECPT 134 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KECPT 134 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 416/E204 of 2021
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Maria Njoki Machami
Claimant
and
Deli Savings & Credit Cooperative Society Ltd
Respondent
Ruling
1. The Application for our consideration is the Claimants Notice of Motion dated 22/8/2023 made under Order 22 Rule 35 Rule 35 (b) order 51 Rule 1 of the Civil Procedure Rules 2010 and Rule 6 of the Co-operation Tribunal (practice and procedure) Rule 2009 seeking orders to:-a.Order the attendance of Winston Mbogo (Vice Chairperson), Martin Okumu (Treasure) and James Muthungi (Secretary) being officials of Deli SACCO to be orally examined as to whether the Respondent herein has any and what assets or means of satisfying the decree herein and to produce any cooks or documents and/or documents relevant in ascertaining the same.b.Order that the said officials Winston Mbogo (Vice Chairperson), Martin Okumu (Treasurer) and James Muthungu (Secretary) do satisfy the decree herein personally and jointly.c.Make any other interlocutory orders as it may deem just and convenientd.Cost to be provided.
2. That in the same Notice of Motion, the Claimant cited 11 grounds to justify why the orders need to be granted. The same grounds are detailed in Supporting Affidavit dated 22/8/2023 sworn by Maria Njoki Machami and filed on 6/92023.
3. However, the genesis of this application was initiated by a Statement of Claim dated 15/9/2021 which was filed by the Claimant on 5/10/2021 and sought for a refund of Kshs. 203,943/= which she had saved with the Respondent while she was employed by Nanjala Ltd.
4. According to the Claimant, it was mandatory for every employee employed by Nanjala Ltd. to join the Respondent that upon withdrawal the Respondent would limit a member contribution within 60 days from the close of withdrawal.
5. The support of her claim, the Claimant filed on 5/10/2021 Verifying Affidavit by the Claimant, a list of witnesses, witness statement sworn by her and a List of Documents all dated 15/9/2021.
6. When the Respondents failed to either appearance despite being served as per the return of Affidavit of Service dated 28/10/2021, the Claimant filed on 28/10/2021 a request for judgement
7. On 31/11/2021 the Tribunal considered the request for judgement and entered judgement as follows: -“In the absence of a statement of defence by the Respondent, judgement is entered in favour of the Claimant against the Respondent for Kshs. 203,943 plus costs and interest”.A decree was extracted on 22/2/2022 together with a certificate of costs totaling Kshs. 252,713/=.
8. It is in record that the Claimant engaged the services of M/S Mwose & Co. Auctioneers to look for assets of the Respondent and attach.
9. After following to get any of the assets of the Respondents the auctioneers returned the warrants of attachment and sale unexecuted to the Tribunal.
10. Finally, in a quest to establish who the officials of the SACCO were, the Advocate of the Claimant wrote to the Commissioner for Co-operative responded vide a letter dated 9th August, 2023 and stated that: -“The following are the contacts of the Executive Officials as per our updated records.1. Winston Mbogo - Vice Chairman2. Martin Okumu - Treasurer3. James Mutuku - Secretary
Analysis 12. Surprisingly on 4th April, 2024, the Respondent filed a response to the statement of claim and denied having received notices and disowned the Claimant as one of their members. This raises a question of fact which needs to be tested through hearing and cross examination.
13. We take cognizance of the averment made by the Respondent under paragraph 7 of the Respondent’s witness statement that: -“The Respondent got to know of the suit when its officials received notification via sms of the invitation of decree execution process and were thereafter served with a hearing notice and an application dated 22nd August, 2023. This raises a question as to what immediate action did the Respondent take to set aside the judgment apart from reporting the matter to Central Police Station.
14. The Response to the statement of claim together with the Respondents witness statement dated 4th April, 2024 come too late after the suit has been determined.
15. Now that the Respondents have been served with the application dated 22nd August, 2023 and the fact that we have no record to show that the Respondents attended the hearing on 14/10/2024. It is our considered opinion that the Respondent should have their day in the Tribunal to state their side of this suit.
16. Having read and examined the evidence on record and having considered the Claimant’s Notice of Motion application dated 22/8/2023 we make a ruling as follows”
Ordersa.Order the attendance of Winston Mbogo (Vice Chairperson), Martin Okumu (Treasure) and James Muthungi (Secretary) being officials of Deli SACCO to be orally examined as to whether the Respondent herein has any and what assets or means of satisfying the decree herein and to produce any cooks or documents and/or documents relevant in ascertaining the same. Is merited and allowed.b.Order that the said officials Winston Mbogo (Vice Chairperson), Martin Okumu (Treasurer) and James Muthungu (Secretary) do satisfy the decree herein personally and jointly. Not merited and disallowed.c.Make any other interlocutory orders as it may deem just and convenient - Not applicable.d.Cost to be provided.- Cost in the cause.It is so ordered.File closed.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025HON. BEATRICE SAWE MEMBER SIGNED 30. 1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30. 1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 1.2025HON. PAUL AOL MEMBER SIGNED 30. 1.2025Tribunal Clerk MutaiEvans Oduor advocate for Decree Holder.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025