[2025] KECPT 250 (KLR)

[2025] KECPT 250 (KLR)

The Tribunal found that the Claimant had properly withdrawn from the Sacco by issuing a handwritten letter dated 4th December 2023, and the Respondent failed to demonstrate the existence of a required standard format for such notice. The Respondent did not dispute the amount owed nor plead any outstanding...

Source-derived case information.

Citation
[2025] KECPT 250 (KLR)
Parties
Applicant: Scholastica Atieno Ofware; Respondent: Metropolitan National Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 264.E351 of 2024
Procedural Posture
Tribunal Claim / Judgment
Outcome
judgment for the applicant
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Sacco Member Refunds, Cooperative Societies Act Compliance, Share Contribution Recovery
Source Language
english
Commercial and Corporate Sacco Member Refunds Cooperative Societies Act Compliance Share Contribution Recovery

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scholastica Atieno Ofware

Applicant

Metropolitan National Sacco Limited

Respondent

Procedural Posture

Tribunal Claim / Judgment

Legal Issues

  1. 1 Whether the Claimant is entitled to a refund of her share contributions upon resignation from the Sacco.
  2. 2 Whether the Claimant followed the correct procedure for withdrawal and notice under the Sacco's by-laws and relevant statutes.
  3. 3 Whether the Respondent's liquidity challenges or AGM resolutions can lawfully delay or deny the refund due to the Claimant.

Ratio Decidendi

The Tribunal found that the Claimant had properly withdrawn from the Sacco by issuing a handwritten letter dated 4th December 2023, and the Respondent failed to demonstrate the existence of a required standard format for such notice. The Respondent did not dispute the amount owed nor plead any outstanding liabilities on the part of the Claimant. The Tribunal held that the Claimant was entitled to a refund of her share contributions, as the relevant law and the Sacco's by-laws require refunds to be made within sixty days of withdrawal notice. The Respondent's liquidity challenges and AGM resolutions could not override statutory obligations to refund members. The Claimant's case was proved...

Court Disposition

judgment for the applicant

Orders

  • Judgment is entered in favour of the Claimant for Kshs. 497,505.08.
  • The Respondent shall pay interest at Tribunal rates from the date of filing the claim until payment in full.