[2025] KECPT 330 (KLR)
The Tribunal found that the Claimant had established her membership and the amount of her deposits through documentary evidence, including pay slips and withdrawal letters. The Respondent failed to produce credible evidence to rebut the Claimant's claim or to demonstrate that the deposits were not due. The Tribunal...
Source-derived case information.
- Citation
- [2025] KECPT 330 (KLR)
- Parties
- Applicant: Eunice Mwikali Malelu; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 552/E685 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Deposit Recovery, Contractual Obligations, Financial Institutions Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Mwikali Malelu
Applicant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of Kshs. 525,070 from the Respondent Sacco.
- 2 Whether the Respondent's financial difficulties or AGM resolutions can lawfully suspend the Claimant's right to refund.
- 3 Whether the Respondent's lack of proper records can defeat the Claimant's claim for refund.
Ratio Decidendi
The Tribunal found that the Claimant had established her membership and the amount of her deposits through documentary evidence, including pay slips and withdrawal letters. The Respondent failed to produce credible evidence to rebut the Claimant's claim or to demonstrate that the deposits were not due. The Tribunal held that the Sacco's internal AGM resolution to suspend refunds, absent statutory authority, could not lawfully defeat the Claimant's right to a refund. The Tribunal further held that the Respondent's financial difficulties and lack of proper records could not be used to deny the Claimant her statutory entitlement. Accordingly, the Tribunal entered judgment for the Claimant...
Court Disposition
Judgment for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 525,070.
- The Respondent shall pay costs of the suit to the Claimant.
Full Case Text
Judgment text and source record
21 paragraphs
Malelu v Metropolitan National Sacco Limited (Tribunal Case 552/E685 of 2023) [2025] KECPT 330 (KLR) (12 June 2025) (Judgment)
Neutral citation: [2025] KECPT 330 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 552/E685 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 12, 2025
Between
Eunice Mwikali Malelu
Claimant
and
Metropolitan National Sacco Limited
Respondent
Judgment
1. Matter for determination is vide Statement of Claim dated 15/09/2023 where Claimant avers to be a member of Respondent’s Sacco as at 10/11/2022. She had savings of Kshs. 525,070. 00. When she withdrew on 10/11/2022 the Respondent to date of filing suit has not refunded her deposit and Claimant’s Claim is for:a.The said sum of Kshs. 525,070/=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 15/09/2023 which include:a.Withdrawal Lettersb.Pay slips
2. Respondent filed a Defence dated 22/12/2023 where the Respondent denied averments by Claimant and stated Claimant had not established that Respondent was in possession of her savings and or deposits.Further, Respondent stated that Claimant did not state that Respondent held a resolution to suspend refunds during an Annual General Meeting to allow Respondent’s Sacco achieve financial stability. As such the Claimant is bound.Further, the Respondent state Claimant claim lacks merit and that Respondent has been undergoing financial turmoil and there is a High Court Judicial Review Case that is yet to be reviewed and pending determination.
3. The Respondent also filed List of Documents dated 08/08/2024 which included:a.Annual General Meeting resolutions stopping refunds.b.Statement of Accountc.Audited accounts of metropolitand.Affidavit of meanse.Any other with leave of court.It is however important to note that List of Pending refunds as filled by Respondent is illegible.Matter being one of refunds The Tribunal directed parties to file Written Submissions to fast track the matter.
4. Claimant filed Written Submissions dated 11/12/2025 and Respondent filed Written Submissions dated 11/10/2024 on 18/10/2024. Having considered all pleadings, documents and Written Submissions by the parties the issue for determination is whether Claimant is entitled for a refund of Kshs. 525,070. 00. The Claimant has proved membership of Respondent’s Sacco by producing her Pay slips for the month of October 2022 a month before her withdrawal letter dated 10/11/2022. In the said Pay slips, its shown deductions made toward Respondent and as at October 2022, she had Kshs. 645,077. 08. The Respondent have not disputed this amount because their Defence is just denied with no proper documents to support the Claim.
5. The Respondent’s Written Submissions state Respondent is unable to ascertain if Claimant has any liabilities.The Respondent is responsible to help its records being a society and Claimant cannot be held hostage while Respondent is trying to get their house in order indeed Claimant withdraw in 2022. Three years down the round Respondent is yet to confirm this status.This would be unfair to not only the Claimant but other members as well.The lack of proper bookkeeping should not be visited on the Claimant.Further, the issue of Respondent being in financial turmoil is neither here nor there.The Respondent is still operational receiving funds from existing members. It cannot be said to be under liquidation.
Upshot:As such we find the Claimant has proved his case and Claimant’s Case is found to be with merit.Judgement is entered in favour of Claimant against Respondent to Kshs.527,070/= as per prayer in Statement of Claim plus costs and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 12. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 12. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 12. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 12. 6.2025HON. P. AOL MEMBER SIGNED 12. 6.2025Tribunal Clerk MutaiNo appearance by parties.Judgment delivered in the absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12. 6.2025