[2025] KECPT 215 (KLR)
The Tribunal found that the claimant had established her membership in the respondent Sacco and had issued a valid notice of withdrawal. The respondent failed to provide evidence to rebut the claimant's entitlement to a refund, relying only on unsubstantiated AGM resolutions and a general denial. The Tribunal held...
Source-derived case information.
- Citation
- [2025] KECPT 215 (KLR)
- Parties
- Applicant: Faith Wanjiru Mbote; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 562/E727 of 2023
- 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 Membership, Refund of Savings, Withdrawal Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Wanjiru Mbote
Applicant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the claimant was a member of the respondent Sacco entitled to a refund of her savings.
- 2 Whether the respondent is liable to pay the claimed sum to the claimant upon withdrawal.
- 3 Whether the respondent's AGM resolutions lawfully suspended the refund obligation.
Ratio Decidendi
The Tribunal found that the claimant had established her membership in the respondent Sacco and had issued a valid notice of withdrawal. The respondent failed to provide evidence to rebut the claimant's entitlement to a refund, relying only on unsubstantiated AGM resolutions and a general denial. The Tribunal held that the claimant was entitled to a refund of her savings, as the respondent's position amounted to a mere denial without evidentiary support. The Tribunal awarded the claimed sum, plus costs and interest at Tribunal rates.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the claimant for Kshs. 524,000.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
28 paragraphs
Mbote v Metropolitan National Sacco Limited (Tribunal Case 562/E727 of 2023) [2025] KECPT 215 (KLR) (27 March 2025) (Judgment)
Neutral citation: [2025] KECPT 215 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 562/E727 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
March 27, 2025
Between
Faith Wanjiru Mbote
Claimant
and
Metropolitan National Sacco Limited
Respondent
Judgment
1. This Claim was instituted by way of a Statement of Claim dated 22/9/2023
2. The Claimant is claiming Kshs. 524,00/= from the respondent cost of suit and interest she has filed a copy of her pay slip
3. The Notice to withdraw from the respondent her advocates demand letter to the Sacco dated 4/9/2023 and her written submissions dated 25/7/2024
4. The Respondent filed their written submissions dated 19/9/2024 wherein they deny owing the Claimant any money but of this Tribunal finds that there is any money owed to the claimant ,the Respondents pleads to refund the Claimant between Kshs. 2000/= and Kshs. 5000/= per month
5. The Respondent further refers this Tribunal to the 21/4/2022 Annual General Meeting resolutions which allegedly suspends refunds
6. Being a refund case , the parties proceeded to canvas their cases through written submissions
7. The Tribunal is limited to determine whether the claimant has proven beyond reasonable doubt that she was a member of the respondent and that she qualifies for a refund of her saving as had her statement of claimant
8. The Claimant has filed a Withdrawal Notice and a pay slip as proof of membership
9. On it part the Respondent has denied owning the Claimant any money but pleads that if the Tribunal finds that the claimant is owed any money the refund be as her resolutions of an Annual General Meeting held on 21/4/2022
Concusion 10. We find that the Claimant has established that she was a member of the Respondent has saving with the Sacco and that she issued a notice of withdrawal
11. The Respondent has merely denied owing the Claimant money without filling evidence on this denial
12. The Respondents asserts that they would only refund the Claimant at the rate of Kshs.2000/= to Ksh.5000/= shows that they were merely denying the claim
13. We accordingly enter Judgement in favour of the Claimant against the Respondent for Kshs. 524,000/= plus cost and interest at Tribunal rates.
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 JonahM/s Ndolo for the ClaimantGetange for the Respondent –none appearanceHON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 3.2025