[2025] KECPT 263 (KLR)

[2025] KECPT 263 (KLR)

The tribunal found that the claimant was a member of the respondent Sacco and had savings of Kshs. 874,000, as evidenced by the respondent's own correspondence. The respondent failed to provide any evidence of outstanding liabilities or any reason for withholding the refund. The defence consisted only of bare...

Source-derived case information.

Citation
[2025] KECPT 263 (KLR)
Parties
Applicant: Hon. Irene Njoki; Respondent: NHIF Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 365/E486 of 2023
Procedural Posture
Refund Claim / Final Judgment
Outcome
judgment for the claimant
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Sacco Member Refund, Deposit Recovery, Burden of Proof
Source Language
english
Civil Procedure Sacco Member Refund Deposit Recovery Burden of Proof

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Parties

Hon. Irene Njoki

Applicant

NHIF Sacco Limited

Respondent

Procedural Posture

Refund Claim / Final Judgment

Legal Issues

  1. 1 Whether the respondent owes the claimant Kshs. 874,000 as refund of savings upon resignation from the Sacco.
  2. 2 Whether the claimant is entitled to interest and costs.

Ratio Decidendi

The tribunal found that the claimant was a member of the respondent Sacco and had savings of Kshs. 874,000, as evidenced by the respondent's own correspondence. The respondent failed to provide any evidence of outstanding liabilities or any reason for withholding the refund. The defence consisted only of bare denials without substantive rebuttal. On a balance of probabilities, the claimant proved her entitlement to the refund. The tribunal therefore entered judgment in favour of the claimant for the full amount claimed, together with costs and interest at tribunal rates from the date of filing the claim.

Court Disposition

judgment for the claimant

Orders

  • The respondent shall pay the claimant Kshs. 874,000.
  • The respondent shall pay interest at tribunal rates from the date of filing the claim until payment in full.