[2025] KECPT 303 (KLR)
The Tribunal exercised its discretionary and inherent powers under Rule 3 of the Co-operative Tribunal (Practice and Procedure) Rules 2009 to vary its earlier judgment. Recognizing that the Claimants could not provide precise figures regarding the deductions made by the 1st Respondent to repay the 2nd Respondent's...
Source-derived case information.
- Citation
- [2025] KECPT 303 (KLR)
- Parties
- Applicant: Emily Murenyi Mugailwa & 2 others; Respondent: Mwalimu National Savings & Credit Cooperative Society; Respondent: Peter Omwansa Ogwara
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 415 of 2017
- Procedural Posture
- Civil Application / Variation of Judgment and Orders
- Outcome
- Orders varied; 1st Respondent to file and serve statements of account and tabulation of deductions within 14 days.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
- Legal Topics
- Cooperative Societies Disputes, Loan Deductions, Variation of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Murenyi Mugailwa & 2 others
Applicant
Mwalimu National Savings & Credit Cooperative Society
Respondent
Peter Omwansa Ogwara
Respondent
Procedural Posture
Civil Application / Variation of Judgment and Orders
Legal Issues
- 1 Whether the Tribunal should vary its previous order regarding the party responsible for filing statements of account on loan deductions.
- 2 Whether the 1st Respondent should be compelled to provide a tabulation of deductions made from the Claimants to satisfy the 2nd Respondent's loan.
Ratio Decidendi
The Tribunal exercised its discretionary and inherent powers under Rule 3 of the Co-operative Tribunal (Practice and Procedure) Rules 2009 to vary its earlier judgment. Recognizing that the Claimants could not provide precise figures regarding the deductions made by the 1st Respondent to repay the 2nd Respondent's loan, the Tribunal found it just and necessary to shift the burden of providing statements of account and tabulation of deductions to the 1st Respondent. This ensures transparency, accuracy, and fairness in resolving the dispute over the amounts deducted from the Claimants' accounts. The Tribunal's variation order compels the 1st Respondent to file and serve the required...
Court Disposition
Orders varied; 1st Respondent to file and serve statements of account and tabulation of deductions within 14 days.
Orders
- The 1st Respondent shall file and serve a Statement of Account for the three Claimants within 14 days from the date of this order.
- The 1st Respondent shall file and serve a tabulation of how much was deducted from each Claimant to satisfy the 2nd Respondent's loan.
Full Case Text
Judgment text and source record
22 paragraphs
Mugailwa & 2 others v Mwalimu National Savings & Credit Cooperative Society & another (Tribunal Case 415 of 2017) [2025] KECPT 303 (KLR) (Civ) (29 May 2025) (Judgment)
Neutral citation: [2025] KECPT 303 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 415 of 2017
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & PO Aol, Members
May 29, 2025
Coram: Hon. B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, and Hon. P. Aol- Member.
Between
Emily Murenyi Mugailwa & 2 others & 2 others & 2 others
Claimant
and
Mwalimu National Savings & Credit Cooperative Society
1st Respondent
Peter Omwansa Ogwara
2nd Respondent
Judgment
1. Further to our judgement delivered and dated 28/11/2024 this Tribunal ordered the Claimants to file any statements and documents within 30 days which show the total amounts which show the total amounts which the 1st Respondent deducted from each one of them to repay the 2nd Respondents’ loan without clarity of the exact amount deducted by the 1st Respondent at the time of writing that judgement, the tribunal could not make a final determination on the matter.However, we have since re- reconsideration our order and using the discretionary powers grant to us under Rule 3 of the Co-operative Tribunal (Practice and Procedure) Rules 2009 that read:“Nothing contained in these ruled shall limit or otherwise affect the inherent powers of the tribunal to make such order as may be necessary for the ends of justice or prevent abuse of the process of the Tribunal”
2. We hereby Varity our disposition on the judgement as follows;i.That instead of the Claimants, we order the 1st Respondents to file and serve Statement of Account for the three (3) Claimants within 14 days from the date of this variation order.ii.That the 1st Respondent should file and serve tabulation of how much was deducted from each claimant to satisfy the 2nd Respondent Loan.
3. Mention date 14/07/2025 to confirm complain by the Respondent.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY ATNAIROBITHIS29TH DAY OFMAY, 2025. **HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 5.2025HON. BEATRICE SAWE MEMBER SIGNED 29. 5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 5.2025HON. PHILIP GICHUKI MEMBER SIGNED 29. 5.2025HON. P. AOL MEMBER SIGNED 29. 5.2025Tribunal Clerk MutaiNgethe advocate for the 2nd RespondentOndieki Orangi advocate for the ClaimantNgethe advocate -We seek for leave to appeal the Addendum JudgementTribunal orderLeave granted to appeal.Hon. J. Mwatsama Deputy Chairperson Signed 29. 5.2025