Muiga v Metropolitan Sacco Limited [2025] KECPT 365 (KLR)
- Citation
- [2025] KECPT 365 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Cooperative Tribunal
- Panel
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Case number
- Tribunal Case 775/E1038 of 2023
- Language
- English
More details
- Court
- Cooperative Tribunal
- Panel
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Case number
- Tribunal Case 775/E1038 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the Claimant had established membership and entitlement to a refund by providing a payslip evidencing salary deductions to the Respondent Sacco. The Respondent failed to provide contrary evidence or the Claimant's statement of account as directed. The Tribunal held that technicalities should not defeat substantive justice, especially where the Claimant had made reasonable efforts to provide evidence. The Tribunal therefore entered judgment in favour of the Claimant for the sum claimed, plus costs and interest.
Court disposition
judgment for applicant
Orders
- Judgment entered in favour of the Claimant for Kshs 352,387.01 plus costs and interest.
- Respondent to pay the Claimant the sum of Kshs 352,387.01.
- Respondent to pay costs of the suit.
- Respondent to pay interest on the principal sum.
02
Material facts
Parties
Joseph Mbugua Muiga
ApplicantMetropolitan Sacco Limited
RespondentAmounts and remedies
- Refund Awarded to Claimant: KES 352,387.01
03
Procedural history
Posture
Tribunal Claim / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Claimant has proved entitlement to refund of Kshs 352,387.01 upon withdrawal from the Respondent Sacco.
- 02
Whether sufficient evidence was provided to support the claim for refund.
Party arguments
- Applicant
- The Claimant argued that she was a member of the Respondent Sacco, contributed funds through salary deductions, and upon withdrawal, was entitled to a refund of Kshs 352,387.01. She submitted demand letters and, upon the Tribunal's direction, provided a payslip evidencing contributions.
- Respondent
- The Respondent denied holding the Claimant's funds, argued that the Claimant failed to provide sufficient evidence of contributions, and asserted that an AGM resolution had suspended refunds due to financial turmoil. The Respondent sought dismissal of the claim with costs.
05
Court’s reasoning
Legal principles
- 01
Co-operative Societies Act (Cap 490), Section 18
Members of a Sacco are entitled to a refund of their contributions upon withdrawal, subject to proof of such contributions.
- 02
Co-operative Tribunal Practice Directions
Tribunals are not strictly bound by rules of evidence and may direct parties to provide supporting documentation as necessary.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the Claimant had established membership and entitlement to a refund by providing a payslip evidencing salary deductions to the Respondent Sacco. The Respondent failed to provide contrary evidence or the Claimant's statement of account as directed. The Tribunal held that technicalities should not defeat substantive justice, especially where the Claimant had made reasonable efforts to provide evidence. The Tribunal therefore entered judgment in favour of the Claimant for the sum claimed, plus costs and interest.
Obiter and limits
- Members are entitled to their refunds having saved over a period of time, and it would be unreasonable to rely on technicalities to dismiss their case.
- Tribunals may direct parties to provide further documentation to clarify issues in dispute.
Court disposition
judgment for applicant
- Judgment entered in favour of the Claimant for Kshs 352,387.01 plus costs and interest.
- Respondent to pay the Claimant the sum of Kshs 352,387.01.
- Respondent to pay costs of the suit.
- Respondent to pay interest on the principal sum.
Source and reliance status
Cooperative Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Cooperative Tribunal
Judgment
Muiga v Metropolitan Sacco Limited (Tribunal Case 775/E1038 of 2023) [2025] KECPT 365 (KLR) (10 July 2025) (Judgment)
Neutral citation: [2025] KECPT 365 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 775/E1038 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 10, 2025
Between
Joseph Mbugua Muiga
Claimant
and
Metropolitan Sacco Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 20/11/2023 where Claimant avers to have been a member of the Respondent no. 13128 and contributed funds to the Respondent.On 17/1/2023 the Claimant issued a Notice to Withdraw from being a member of the Respondent.As at the date of withdrawal the Claimant States he had Kenya Shillings 352,387. 01/= as at the date of filing suit Claimant avers that the Respondent had failed to refund her.Claimant filed List of Documents dated 20/11/2023 which documents included:a.A letter by the Claimant dated 17th January, 2023 requesting the Respondent to remit the total refund of her share and dividends for the year 2022. b.A copy of the demand notice dated 22. 3.2023 addressed to the respondent and certificate of posting in respect thereof.
2. Respondent filed Statement of Defence which is undated.The Respondent denies the averments of the claim and state the Claimant is yet to establish that the Respondent is in possession of his savings and deposits. also the Respondent aver the Claimant has not disclosed to the Tribunal there was a resolution by Annual General Meeting to suspend refunds.Further the Claimant avers they are undergoing financial turmoil and need to have a structured approach to handle the outstanding matters.Respondent’s prayer is for the Claimants’ case to be dismissed with costs
3. The matter being one of refunds the Tribunal directed parties to file written submissions in a bid to dispose off the claimClaimant filed their written submissions dated 29/10/2024 while as at the date of writing of this judgement the Respondent were yet to file their written submissions.Issue for determinationWhether the Claimant has proved her claim to be refunded Kshs 352,837/=We look into the documents filed by the Claimant.The said documents are only demand letters from the Claimant to the respondent.No other form of evidence is given to support the Claimant’s claim.
4. Claimant in the written submissions avers that Claimant’s salary had deductions towards Respondent’s Sacco which makes us believe there is documentation on the same though not shared.Being a Tribunal and not bound by rules of evidence during trial we direct the Claimant provide their supporting documents in their payslips toevidence deductions and contributions.Members are entitled to their refunds having saved/secured it over a period of time and it would be unreasonable to rely on technicalities to dismiss their case .
5. We therefore direct Claimant to file payslips 10 days from today and Respondent to file Claimant’s Statements of Account if any.judgement differed to 26/6/2025
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 26. 6.2025HON. BEATRICE SAWE - MEMBER SIGNED 26. 6.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 26. 6.2025HON. PHILIP GICHUKI - MEMBER SIGNED 26. 6.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 26. 6.2025HON. P. AOL - MEMBER SIGNED 26. 6.2025Tribunal Clerk MutaiTribunal orderParties to file requisite document within the next 10 days.Judgment on 26. 6.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 26. 6.2025AddendumHaving requested for documents from the Claimants on 12/6/2025 and the Respondent having been copied.The Claimant filed a Supplementary List of Documents dated 20/6/2025, which included the Claimant’s pay slip of August, 2022. As such, we shall enter judgement in favour of Claimant against Respondent for Kshs. 352,387. 01/= plus costs and interest.
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