https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/324
The Claimant proved accumulated refundable contributions of Kshs. 228,100 through his statement of account, while the Respondent filed no supporting evidence to establish any loans, guarantor obligations, or other liabilities. The alleged Kshs. 1,000 share capital was non-refundable and excluded from the refundable...
Source-derived case information.
- Citation
- [2026] KECOPT 324 (KLR)
- Parties
- Claimant: JOHN NKUNJA; Respondent: B.M SECURITY SACCO
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E257 of 2024
- Procedural Posture
- Co Operative Tribunal Claim for Member Refund and Dividends / Judgment After Pleadings; Written Submissions Directed But Not Filed
- Outcome
- Judgment entered for the Claimant
- Judges
- ["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]
- Legal Topics
- Member Withdrawal Refund, Share Capital Non Refundable, Dividends Claim, Proof of Liability, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOHN NKUNJA
Claimant
B.M SECURITY SACCO
Respondent
Procedural Posture
Co Operative Tribunal Claim for Member Refund and Dividends / Judgment After Pleadings; Written Submissions Directed But Not Filed
Legal Issues
- 1 Whether the Claimant was entitled to refunds from the Respondent Sacco
- 2 Whether the Respondent had proved any liabilities, loans, guarantorships, or other grounds to withhold payment
- 3 Whether the Kshs. 1,000 membership/share capital could be refunded
Ratio Decidendi
The Claimant proved accumulated refundable contributions of Kshs. 228,100 through his statement of account, while the Respondent filed no supporting evidence to establish any loans, guarantor obligations, or other liabilities. The alleged Kshs. 1,000 share capital was non-refundable and excluded from the refundable amount. Accordingly, the Claimant was entitled to refund of Kshs. 228,100 plus costs and interest.
Court Disposition
Judgment entered for the Claimant
Orders
- Respondent to pay the Claimant Kshs. 228,100.00
- Claimant awarded costs
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI** **TRIBUNAL CASE NO. E257 OF 2024** **(Hon. J. Mwatsama- Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon. P. Aol- Member, Hon. M. Chesikaw-Member)** **JOHN NKUNJA ……………..…..………….………………….…CLAIMANT** **VERSUS** **B.M SECURITY SACCO………………………………………. RESPONDENT** **JUDGMENT OF THE TRIBUNAL** 1. The matter before us for determination is Statement of Claim dated 11/4/2024. The Claimant states he was a member of Respondent Society and his membership number is 200269. He withdrew from the Respondent Society on retirement that is, 30/7/2023. As at the time of his retirement he had saved Kshs. 229,000 and had no obligations. 2. The Claimant’s claim is for: 1. Kshs. 229,000/= 2. Accrued dividends for year 2023 and year 2024 3. Costs and interest of (a) and (b) above. Claimant filed Witness Statement dated 11/4/2024 and List of Documents dated 11/4/2024 in support of his claim which included: 1. Demand Letter 2. Member Statement from BM Security Sacco 3. Respondent filed a Statement of Defence dated 28/4/2026 where the Respondent denied owing the Claimant the Kshs. 229,000/= or any amount. Further, the Respondent state the Claimant has never resigned from Respondent Society and the claim is premature and incompetent. They further aver there is a non-refundable membership fee of Kshs. 1,000 and subsisting loans and guarantors. The Respondent did not file any documents in support of their Defence. 1. The matter being one of refunds parties were directed to file written submissions in support of claim. As at the date of writing this judgment no party had filed their written submissions for consideration. 2. Having considered the pleadings, the main issue for determination is whether the Claimant is entitled to have their refunds. The Claimant states to have accumulated savings of Kshs. 229,000/= and to prove it, he filed Statement of Account dated 3/7/2023 which showed his contributions stood at Kshs. 228,100/- as at 22/6/2023. The Respondent did not contribute this evidence neither file anything to show the Claimant had liabilities that would hold his shares from being paid. 1. The Kshs. 1,000/= share capital as alluded by the Respondent is indeed not payable and the same is not included in the accumulated amount of Kshs. 228,000.00/=. It is common knowledge that share capital is non-refundable but transferrable to existing to incoming members. Most societies provide for this in their By-laws if not all. In absence of any other reason preventing the Claimant from their refund. **UPSHOT** Judgment is entered in favour of Claimant against Respondent for **Kshs. 228,100.00/=** plus cost and interest. Judgment dated and delivered *virtually* at **Nyeri** this **20th** day of **August, 2026.** **Hon. J. Mwatsama Chairperson Signed 20/8/2026** **Hon. B. Sawe Member Signed 20/8/2026** **Hon. P. Aol Member Signed 20/8/2026** **Hon. Fridah Lotuiya Member Signed 20/8/2026** **Hon. M. Chesikaw Member Signed 20/8/2026** Court Assistant – J. Koki Kereu Benjamin advocate holding brief for Mr. Njoroge advocate for the Claimant. Nyachoti advocate for the Respondent – No appearance. **Hon. J. Mwatsama Chairperson Signed 20/8/2026**