[2025] KECPT 314 (KLR)
The tribunal found that, despite initial deficiencies in the claimant's documentary evidence, the subsequent filing of a payslip for January 2023 showing savings of KES 857,472.66 was sufficient proof of the amount claimed. The respondent did not dispute the claimant's membership nor provide the requested statement...
Source-derived case information.
- Citation
- [2025] KECPT 314 (KLR)
- Parties
- Claimant: Joseph G. Muiruri; Respondent: Metropolitan Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 774/E1037 (KSM) of 2023
- Procedural Posture
- Civil 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, Withdrawal of Membership, Share Capital Repayment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph G. Muiruri
Claimant
Metropolitan Sacco Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of KES 857,472 from the respondent upon withdrawal of membership.
- 2 Whether the respondent's AGM resolution suspending refunds is binding and justifies withholding the claimant's savings.
- 3 Whether sufficient proof of the claimant's savings was provided to warrant judgment in his favour.
Ratio Decidendi
The tribunal found that, despite initial deficiencies in the claimant's documentary evidence, the subsequent filing of a payslip for January 2023 showing savings of KES 857,472.66 was sufficient proof of the amount claimed. The respondent did not dispute the claimant's membership nor provide the requested statement of account to rebut the claim. The tribunal held that the AGM resolution suspending refunds could not indefinitely deprive a member of their accrued savings, especially where no contrary evidence was provided. In the interest of justice and based on the available evidence, judgment was entered in favour of the claimant for the full amount claimed, with costs and interest.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant KES 857,472.
- The respondent shall pay interest at commercial rates of 14% per annum from 10th February 2023 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Muiruri v Metropolitan Sacco Limited (Tribunal Case 774/E1037 (KSM) of 2023) [2025] KECPT 314 (KLR) (Civ) (12 June 2025) (Judgment)
Neutral citation: [2025] KECPT 314 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 774/E1037 (KSM) of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 12, 2025
Between
Joseph G. Muiruri
Claimant
and
Metropolitan Sacco Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 20/11/2023 filed on 21st November 2023 the Claimant avers that he was member of the Respondent member number 11788 of the RespondentOn 10/2/23 Claimant issued notice to withdraw his membership but as at the date of filing suit Respondent had not complied.As at 10/2/2023 Claimant states he had saved Kenya Shillings 857,472/=Claimants claim is for:a.The sum of Kshs. 857,472/=b.Interest at commercial rates of 14% per annum from 10th February, 2023 until judgment or at such rate and for such period as the tribunal thinks fit.Claimant filed List of Documents dated 20/11/2023 which documents includeda.A letter by the Claimant dated 10th February 2023 requesting the Respondent to withdraw and stop monthly deductions.b.A letter by the Claimant dated 10th February 2023 requesting the Respondent to remit the total refund of her share and dividends for the year 2022. c.A copy of the demand notice dated 22nd March 2023 addressed to the Respondent and certificate of posting in respect thereof.
2. Respondent filed Statement of Defence dated 8/8/2024 denying the Claimant’s averments and state Claimant has not established the respondent is in possession of his savings.The Respondent further state the Claimant did not disclose there was a resolution passed in an Annual General Meeting where it was agreed that all refunds be suspended to allow Sacco achieve sound financial positionThe resolution is binding to all membersRespondent also state they need time to structure their payments because of mismanagement from previous committee.
3. Parties were directed to file written submissions in a bid to fast-track matter being a matter of refunds. The Claimant filed their written admissions dated 29/10/2024 and Respondent filed written submissions dated 11/10/2024Having considered all pleadings documents filed and written submissions by parties the matter for consideration is:Whether the Claimant is entitled to a refund of Kenya Shillings 857,472/= the Claimant despite assertions of being a member their List of Documents does not show any evidence that they are remittances to the RespondentAs we write this judgment, we Are Alive to the fact that whoever alleges must prove.
4. Respondent does not deny claimant is their member but states they are seeking for time to structure repayment to members and State in their written submission that if Tribunal finds there is any money owed to the claimant they can only manage payment of between 2-5k per monthWe are cognisance of the fact that members in any society save up in their society for future gain.It is unfortunate in this case the claimant’s have not filed any document which support their claim.Be that as it may the tribunal on 9/6/2025 before delivery of judgment wrote to both parties the Claimant to provide proof if any and respondent to provide Claimant Statement of Accounts to confirm averments noting it is in the best interest of both parties to comply.Unfortunately, as at 12/6/2025 only the claimant had filed a document payslip for January 2023 showing as at January of 2023 he had savings of Kenya Shillings 857,472. 66/=.It is not understood why such a crucial document was not filed in the first place.In the interest of Justice and in absence of Claimant’s Statement of Account from Respondent despite request by the Tribunal to determine the matter in question.Judgment is entered in Favor of the Claimant against the Respondent for Kenya Shillings 857,472/= 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 MutaiJudgment delivered in the absence of the parties.30 days stay of execution granted.