[2025] KECPT 345 (KLR)
The Tribunal found that the Claimant was a member of the Respondent Sacco, had made monthly contributions, and had a balance of Kshs. 380,245.98 as at 8/2/2021. The Claimant had no outstanding loans or liabilities at the time of resignation. The Respondent did not dispute the statement of account or provide any...
Source-derived case information.
- Citation
- [2025] KECPT 345 (KLR)
- Parties
- Applicant: Isaac Kihiu Muturi; Respondent: Kencom Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 14/E014 of 2023
- Procedural Posture
- Refund Claim / Judgment
- Outcome
- judgment_for_claimant
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Share Capital Recovery, Dividend Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Kihiu Muturi
Applicant
Kencom Sacco Society Limited
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of Kshs. 380,245.98 from the Respondent Sacco upon resignation.
- 2 Whether the Claimant is entitled to accrued dividends, interest, and share capital refund.
- 3 Whether the Respondent unlawfully withheld the Claimant's contributions.
Ratio Decidendi
The Tribunal found that the Claimant was a member of the Respondent Sacco, had made monthly contributions, and had a balance of Kshs. 380,245.98 as at 8/2/2021. The Claimant had no outstanding loans or liabilities at the time of resignation. The Respondent did not dispute the statement of account or provide any evidence to contradict the Claimant's claim. The Tribunal held that the Claimant was entitled to a refund of his contributions, share capital, and interest as prayed. The Respondent's defence amounted to mere denials without evidentiary support. Judgment was entered in favour of the Claimant for the sum claimed plus costs and interest.
Court Disposition
judgment_for_claimant
Orders
- The Respondent shall refund the Claimant Kshs. 380,245.98.
- The Respondent shall pay interest at court rates from 1st February 2021 until payment in full.
Full Case Text
Judgment text and source record
19 paragraphs
Muturi v Kencom Sacco Society Limited (Tribunal Case 14/E014 of 2023) [2025] KECPT 345 (KLR) (26 June 2025) (Judgment)
Neutral citation: [2025] KECPT 345 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 14/E014 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 26, 2025
Between
Isaac Kihiu Muturi
Claimant
and
Kencom Sacco Society Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 11/1/2023 on 17/1/2023. The Claimant avers he was a member of Respondent Sacco under membership number XXXXXXX (old number XXXXXXX). He states he is an employer of Spinners and Spinners Limited. He joined Respondent Sacco in the year 2009 and has made monthly contributions to his account.As at 8/2/2021 the Claimant had saved an amount of Kshs. 380,245. 98/=.In January 2021 the Claimant wrote a letter to withdraw from Respondent Sacco vide a letter dated 22/1/2021. The Claimant avers the Respondent has ignored and neglected and or refused to refund him and Claimant prayers are for;a.An order compelling the Defendants to refund the Plaintiff his contributions of Kshs. 380,245. 98/= together with any accrued dividends and interest.b.Interest at court rates on Kshs. 380,245. 98/=, the accrued dividends and interest from 1st February, 2021, till final payment.c.The liquidated sum of his share capital of Kshs. 10,000/=.d.Damages for unfairly withholding the Claimant’s contributions.e.Costs of this suit.f.Any other relief that this Honorable Court may deem fit.
2. Claimant filed List of Documents dated 11/1/2023 filed on 17/1/2023 which included:1. Application for membership.2. Claimant’s Member Statement.3. Claimant’s National Identity Card.4. Resignation letter dated 22nd January, 2021. 5.Demand letter dated 9th December, 2022.
3. The Statement of Defence dated 17/2/2023 was filed by Respondent. Respondent denies being indebted to Claimant and put Claimant to strict proof.Respondent filed List of Documents dated 28/11/2023 which included;1. Statement of Account.The matter being one of refunds the Tribunal directed the matter be canvassed by way of Written Submissions. The Claimant filed Written Submissions dated 15/10/2024 on 17/10/2024 and the List of Authorities dated 15/10/2024. The Respondent as of the time of writing this judgment had not filed their Written Submissions.
4. The issue for determination is whether the Claimant is entitled to a refund of Kshs. 380,245. 98/=?The Claimant to support his claim filed his Statement of Account confirming his contributions. The Statement of Account as at 8/2/2021 they show Claimant had Kshs. 380,245. 98/= .The Claimant did not have any loan as at that time which means Claimant had no liabilities.The Respondent does not refute the Statement of Account but its Defence is mere denials. Nothing or no evidence is given by Respondent to contradict the Claimant’s Claim.UpshotWe are convinced Claimant was member of Respondent and contributed toward Respondent Sacco on a monthly basis.Judgment is entered in favor of Claimant against Respondent for Kshs. 380,245. 98/= plus cost and interest.
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. PAUL AOL - MEMBER SIGNED 26. 6.2025Tribunal Clerk Arnold GechikoMs. Achola Advocate for Claimants.Makhandia Advocate for Respondent – None appearance.