https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/294

Muchai v Kamunde Kariobangi North Sacco Limited (Tribunal Case E426 of 2026) [2026] KECOPT 294 (KLR) (9 July 2026) (Judgment) Neutral citation: [2026] KECOPT 294 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E426 of 2026 J Mwatsama, Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members July 9, 2026 Between Hannah W Muchai Claimant and Kamunde Kariobangi North Sacco Limited Respondent Judgment 1.The matter for determination is vide a Statement of Claim dated 5/5/2025. The Claimant stated on 6/7/2023 she wrote to the Respondent expressing her wish to withdraw her membership from Respondent and sought refund of her shares. She avers the Claimant has Kshs.112,400 as her savings with the Respondent.The Claimant prays for:a.The said sum of Kshs.112,400.00/=b.Costs of the suit and interest until payment in fullc.Any other relief so deemed appropriate by this Honourable Tribunal. 2.To support her claim the Claimant filed List of Documents dated 5/5/2026 which included:a.Withdrawal letterThe Respondent did not file any response and Interlocutory Judgment was entered against them. Matter came for formal proof hearing. The Claimant fully relied on her Statement of Claim in evidence as her evidence in chief. She avers she joined the Respondent Society in the year 2017 and the saving was done monthly or weekly depending on one’s ability.While testifying she informed the Tribunal the receipts produced did not bear individual names as they were saving as a group under their self-help group which is Urumwe Self Help Group – Kiamaiko, Huruma. 3.She was a member of the self-help group and she clarified the Self-Help Group was the member of Respondent Society.She also confirmed she did not have a membership number. The issue for determination despite no Defence is; Issue One: Whether the Claimant was a Member of the Respondent Society?The Claimant in her evidence stated she was not a member of Respondent Society however she contributed to her self-help group Urumwe Self Help Group – Kiamaiko, Huruma which was the member of the Respondent Society. 4.Section 76 Cooperative Societies Act Cap 490 states:“If any dispute concerning the business of a co-operative society arises: —(a)among members, past members and persons claiming through members, past members and deceased members; or(b)between members, past members or deceased members, and the society, its committee or any officer of the society; or(c)between the society and any other co-operative Society; it shall be referred to the Tribunal.(2)A dispute for the purpose of this section shall include—(a)a claim by a co-operative society for any debt or demand due to it from a member or past member, or from the nominee or personal representative of a deceased member, whether such debt or demand is admitted or not; or(b)a claim by a member, past member or the nominee or personal representative of a deceased member for any debt or demand due from a co-operative society, whether such debt or demand is admitted or not.(c)a claim by a Sacco society against a refusal to grant or a revocation of licence or any other due, from the Authority”.The Act clearly states that the prayer to bring a claim against another at the Tribunal must be a member of a Society. 5.The Claimant in her evidence stated she was not a member of the Respondent Society. She sued the Society because the Self-Help Group she was a member took their savings to the Respondent Society. The Claimant therefore did not have locus standi to bring against the Respondent Society.In the case of Law Society of Kenya -vs- Commissioner of Lands & Others, Nakuru High Court Civil Case No. 464 of 2000 the court held that;“Locus standi signifies a right to be heard. A person must have sufficiency of interest to sustain his standing to sue on the court of law”.Without locus standi the Claimant cannot be heard and has therefore no basis to claim anything before the Tribunal. All receipts produced as evidence by the Claimant ate in the name of Urumwe Self Help Group – Kiamaiko, Huruma. We cannot turn a blind eye on this as the Self-Help Group being member of Respondent Society would have been the right party to bring suit seeking for refund. 6.To this end we find as much as Claimant filed suit her claim was rightly with the Self-Help Group and not Respondent Society.The Claim dated 5/5/2025 is found to be without merit and the same dismissed with no orders as to costs. JUDGMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 9TH DAY OF JULY, 2026.HON. J. MWATSAMA CHAIRPERSON SIGNED HON. B. SAWE MEMBER SIGNED HON. FRIDAH LOTUIYA MEMBER SIGNED HON. M. CHESIKAW MEMBER SIGNED HON. P. AOL MEMBER SIGNED Court Assistant – MutaiHannah Muchai – present