Nganga v Metropolitan National Sacco (Tribunal Case E583 of 2024) [2026] KECOPT 257 (KLR) (29 May 2026) (Ruling)

Nganga v Metropolitan National Sacco (Tribunal Case E583 of 2024) [2026] KECOPT 257 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KECOPT 257 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E583 of 2024 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members May 29, 2026 Between Leah Wambui Nganga Claimant and Metropolitan National Sacco Defendant Ruling 1.This ruling dispenses with the Notice of Motion Application dated 29th October 2025. The Application is supported by an affidavit sworn by one Leah Wambui Nganga, the Applicant herein and brought under Section 1A, 1B and 3A of the Civil Procedure Act, 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. The Application seeks the following orders:a.Spentb.This Honourable court be pleased to make a factual findings that the Respondent herein is in contempt of the order of this Honourable Tribunal issued on the 22nd July 2024.c.That this Honourable Tribunal be pleased to cite the Respondent as being continuous contempt of this Honourable Tribunal’s orders issued on the 22nd July 2024 and commit the Respondent official’s and in specifically Chief Executive Officer Mr. Cyrus KariaMwere, Board Members – Esther Mbaire Kamau (Chairperson), David Waweru (Secretary) and Martin Karanja Ngugi (Treasurer) to a jail term not less than six months for the willful and continuous disobedience of the orders issued by this Honourable Tribunal.d.The costs of this Application be provided for. 2.The Application is premised on the grounds on its face which are inter alia that: The Claimant/Applicant obtained a restraining order against the Respondent from further deducting her payslip, but the same has not been obeyed to date, and that the Applicant is apprehensive that if the orders sought herein are not granted, she stands to suffer irreparable loss and damages. 3.The brief background of this matter is that the Claimant filed this matter vide a Statement of Claim dated 17th July 2024 seeking for refund of her deposits from the Respondent. The same was determined via a judgement of this Tribunal, delivered on 28th August 2025. In the Judgement, the Tribunal found merit in the Claimant’s Claim and ordered the Respondent to release her deposits. 4.The Respondent did not file any Response to the Application. 5.The matter was to be canvassed via written submissions, but none of the parties filed submissions. Analysis 6.The question before this Tribunal is whether the Claimant is entitled to the prayers sought, to witi.a factual finding of contempt by the Respondentsii.committal of the Respondent’s officials to civil jail 7.The Contempt of Court Act at section 4 provides that;4.(1)Contempt of court includes— Contempt of Court.(a)civil contempt which means willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court; 8.We note that the matter is not defended, as the Respondents did not file any response, or submissions. 9.The Applicants refer this Tribunal to an order issued by this Tribunal on 22nd July 2024, and that the Respondents are in continuous contempt of that order. 10.Upon perusal of the Orders issued by this Tribunal on 22nd July 2024, we note that Order number 2, which is relevant to this Application, was “a restraining order issued against the Respondents from deducting Ksh. 3,000/- from the Claimant’s salary pending mention on 4th November 2024 (emphasis ours)”. On the 4th November 2024, when the matter came up for mention, the above orders were not extended, and therefore lapsed. Flowing from this, this Tribunal cannot find the orders which the Respondents are said to be in contempt. 11.In the upshot of the foregoing, we find that the Applicant’s application lacks merit and is hereby dismissed with costs to the Respondent RULING DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF MAY, 2026.HON. J. MWATSAMA AG. CHAIRPERSON SIGNED 29/5/2026HON. BEATRICE SAWE MEMBER SIGNED 29/5/2026HON. FRIDAH LOTUIYA MEMBER SIGNED 29/5/2026HON. MICHAEL CHESIKAW MEMBER SIGNED 29/5/2026HON. P. AOL MEMBER SIGNED 29/5/2026Court Assistant - Mutai