[2023] KECPT 1086 (KLR)
The tribunal found that the claimant had sufficiently proved her entitlement to a refund of Kshs 701,500 upon resignation from the respondent Sacco. The respondent's correspondence, including an offer to pay Kshs 150,000 in installments, was deemed an acknowledgment of the debt. The respondent failed to provide any...
Source-derived case information.
- Citation
- [2023] KECPT 1086 (KLR)
- Parties
- Applicant: Regina Waithera Macharia; Respondent: National Hospital Insurance Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 727/E774 of 2022
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim allowed in full for the claimant.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Withdrawal, Share Refund, Contractual Liability, Acknowledgment of Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Waithera Macharia
Applicant
National Hospital Insurance Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the respondent is liable to refund the claimant Kshs 701,500 upon her resignation from the Sacco.
- 2 Whether the respondent's partial acknowledgment and offer of installment payment constitutes admission of liability.
- 3 Whether the claimant is entitled to costs and interest at tribunal rates.
Ratio Decidendi
The tribunal found that the claimant had sufficiently proved her entitlement to a refund of Kshs 701,500 upon resignation from the respondent Sacco. The respondent's correspondence, including an offer to pay Kshs 150,000 in installments, was deemed an acknowledgment of the debt. The respondent failed to provide any substantive defence or evidence to rebut the claim, relying solely on bare denials. The tribunal concluded that the claimant was entitled to the full amount claimed, together with costs and interest at tribunal rates from the date of filing. The respondent's conduct in partially acknowledging the debt and engaging in negotiations further reinforced the claimant's case.
Court Disposition
Claim allowed in full for the claimant.
Orders
- The respondent shall pay the claimant Kshs 701,500.
- The respondent shall pay costs of the suit to the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
Macharia v National Hospital Insurance Sacco Society Limited (Tribunal Case 727/E774 of 2022) [2023] KECPT 1086 (KLR) (14 December 2023) (Judgment)
Neutral citation: [2023] KECPT 1086 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 727/E774 of 2022
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
December 14, 2023
Between
Regina Waithera Macharia
Claimant
and
National Hospital Insurance Sacco Society Limited
Respondent
(Coram: Hon.B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)
Judgment
Claimant Case 1. The Claimant’s case is built on the Statement of Claim dated 8/8/2022, Claimant’s Witness Statement dated 8/8/2022 and Claimant’s Written Submissions dated 1/4/2022. In the Claim, the Claimant has filed List of Documents dated 8/8/2022 in support of the Claim. In particular, she filed a pay slip for November, 2021, a National Hospital Insurance Fund Sacco (Respondent) resignation form dated 3/9/2021 and her resignation letter dated 24/11/2021 and Claimant advocates letter of 26/5/2022 to the Respondent Advocated. In this letter, the Claimant’s Claim is indicated as Kshs 701,500/=. In her supporting Affidavit dated 30/12/2022, the Claimant has explained the Claim of Kshs. 701,500/=.
Respondent’s Claim. 2. The Respondent’s case is contained in the Defence dated 15/11/2022, wherein the Respondent puts the Claimant to task to prove the Claim.The Respondent has denied the Claim in its entirety and puts the Claimant to prove its Claim.The Respondent acknowledges the Claimant’s letter vide his letter dated 24/11/2021 wherein the Respondent acknowledges receipt of the Claimant withdrawal letter and stoppage of deductions.Advocate for the Respondent letter of 26/5/2022 to the Claimant’s advocate also acknowledges the Claim of the Kshs 701,500/=
3. The Respondent’s Advocate’s letter to the Claimant’s Advocate of 6/6/2022 is an acknowledgement that the Respondent owes the Claimant. The Respondent was offering an installment of Kshs 150,000/=, a clear evidence of acknowledging the claim.
Findings/ Conclusion. 4. We found that the Claimant has adequately prosecuted her case. The Respondent has merely denied the claim despite having engaged the Claimant through their advocate to a partial share refund.
5. We therefore find merit in the claim and award in favor of the Claimant against the Respondent for Kshs 701,500/= plus costs and interest at Tribunal rates from the date of filing this claim.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 14. 12. 2023Hon. J. Mwatsama Deputy Chairperson Signed 14. 12. 2023Hon. Beatrice Sawe Member Signed 14. 12. 2023Hon. Fridah Lotuiya Member Signed 14. 12. 2023Hon. Philip Gichuki Member Signed 14. 12. 2023Hon. Michael Chesikaw Member Signed 14. 12. 2023Hon. Paul Aol Member Signed 14. 12. 2023Tribunal Clerk JemimahJames Kingara Advocate holding brief for Kimondo Mubea advocate for the Claimant.Kiptoon Advocate for Respondent- No appearance