[2025] KECPT 376 (KLR)
The tribunal found that the claimant had established, through documentary evidence, that he was a member of the respondent Sacco and had accrued savings of Kshs. 88,038.28 as of 30/6/2022. The respondent did not provide any contrary evidence or challenge the authenticity of the claimant's statement of accounts. The...
Source-derived case information.
- Citation
- [2025] KECPT 376 (KLR)
- Parties
- Applicant: Nemuel Nyasinga; Respondent: Metropolitan National Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 856/E1076 of 2023
- Procedural Posture
- Refund Claim / Judgment
- Outcome
- judgment for the claimant in part
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Dividend Entitlement, Burden of Proof, Effect of Agm Resolutions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nemuel Nyasinga
Applicant
Metropolitan National Sacco Society Ltd
Respondent
Procedural Posture
Refund Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his accrued savings from the respondent Sacco.
- 2 Whether the claimant is entitled to dividends for the period after withdrawal.
- 3 Whether the respondent's AGM resolution suspending refunds is binding and applicable to the claimant.
Ratio Decidendi
The tribunal found that the claimant had established, through documentary evidence, that he was a member of the respondent Sacco and had accrued savings of Kshs. 88,038.28 as of 30/6/2022. The respondent did not provide any contrary evidence or challenge the authenticity of the claimant's statement of accounts. The respondent's reliance on an AGM resolution suspending refunds was not substantiated with details or evidence as to its duration or applicability to the claimant. There was no evidence of any liabilities owed by the claimant to the Sacco. Consequently, the tribunal held that the claimant was entitled to a refund of his savings, but not to dividends for the period after...
Court Disposition
judgment for the claimant in part
Orders
- The respondent shall pay the claimant Kshs. 88,038.28 as refund of savings.
- The respondent shall pay costs of the suit to the claimant.
Full Case Text
Judgment text and source record
20 paragraphs
Nyasinga v Metropolitan National Sacco Society Ltd (Tribunal Case 856/E1076 of 2023) [2025] KECPT 376 (KLR) (10 July 2025) (Judgment)
Neutral citation: [2025] KECPT 376 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 856/E1076 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 10, 2025
Between
Nemuel Nyasinga
Claimant
and
Metropolitan National Sacco Society Ltd
Respondent
Judgment
1. The matter for determination is Statement of Claim dated 24/11/2023 filed on 30/11/2023. The Claimant claims to be a former member of Metropolitan Sacco ltd. he joined the Society in 2013 and withdrew on 30/4/2018 via a letter. He claims his savings had accrued to a figure of Kshs. 98,000/=. He further claims dividends at an annual rate of 10% per annum which the Respondent used to pay until 2020 when they stopped.Despite his withdrawal and demand, the Respondent have failed to refund his savings.The Claim is for:a.The accrued savings amount plus total dividends from 2021 to 2023 totaling to Kshs. 127,400. /=b.Costs of this suit.c.Interest at Court rates for [a], [b] and [c] above.The Claimant filed his Witness Statement dated 24/11/2023 and Claimant’s List of Documents dated 24/11/2023 which included:1. A copy of Demand letter dated 23rd March, 2023. 2.A copy of Members Statement.3. Copy of the members ID card.
2. The Defendant filed a Statement of Defence dated 29/8/2024 where they denied the Claimant’s Claim and stated he had not proved that the Respondent owed him money.Further, the Respondent states that the Claimant failed to disclose there was a resolution of Annual General Meeting suspending all refunds, which resolution is binding to all members.The Respondent requested for Claimant’s claim to be dismissed.
3. Matter being one for refunds, the parties were directed to file Written Submissions to dispense the claim. As of the date of writing this judgement, the parties had not filed their Written Submissions.Be that as it may, the claim can still be determined in absence of Written Submissions.Issues for determination is whether the Claimant’s claim is sustainable?The Claimant has produced his Statement of Accounts from the Respondent society evidencing his deductions monthly which as of 30/6/2022 he had saved Kshs. 88,038. 28/= less Kshs. 10,000/= shares which would amount to Kshs. 78,038. 28/=.The Claimant also filed the demand letter which was received by the Respondent on 23/3/2023.
4. Despite the Respondent’s denials, they have not given any contrary evidence to rebut the Respondent’s claim even the Statement of Accounts provided by the Claimant is not denied.This clearly shows that the Claimant indeed was a member with deductions being made.No evidence that the Claimant had any liabilities to make the Respondent not refund.The Respondent’s assertion of a resolution in an Annual General Meeting are not expounded and it is not known for how long the suspension of refunds was for.
5. With that in mind, we are convinced of Claimant’s Claim. As such;We enter judgement in favor of the Claimant against the Respondent for Kshs. 88,038. 28 plus cost and interest.Prayer for dividends fail.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF JULY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025HON. BEATRICE SAWE MEMBER SIGNED 10. 7.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 10. 7.2025HON. PHILIP GICHUKI MEMBER SIGNED 10. 7.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 10. 7.2025HON. P. AOL MEMBER SIGNED 10. 7.2025TRIBUNAL CLERK KOKIJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025