[2025] KECPT 366 (KLR)

[2025] KECPT 366 (KLR)

The Tribunal found that the Claimant was a bona fide member of the Respondent Sacco and had properly withdrawn her membership. The Claimant provided sufficient documentary evidence, including pay slips and a withdrawal letter, to prove her entitlement to the claimed sum. The Respondent's defence, based on financial hardship and ongoing forensic audit, was found to be unsubstantiated and not a lawful ground to withhold the Claimant's deposits. The Tribunal held that statutory obligations to refund member deposits upon withdrawal are not suspended by internal financial mismanagement or pending audits. Judgment was therefore entered in favour of the Claimant for the sum claimed, with costs...

Citation
[2025] KECPT 366 (KLR)
Parties
Claimant: Elizabeth Peter; Respondent: Cosmos Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Tribunal Case 195/E263 of 2023
Procedural Posture
Tribunal Claim / Judgment
Outcome
judgment for the claimant
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Sacco Member Refunds, Withdrawal of Membership, Misappropriation of Funds
Source Language
English
Commercial and Corporate Sacco Member Refunds Withdrawal of Membership Misappropriation of Funds

Case Brief

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Parties

Elizabeth Peter

Claimant

Cosmos Sacco Limited

Respondent

Procedural Posture

Tribunal Claim / Judgment

Legal Issues

  1. 1 Whether the Claimant is entitled to a refund of her deposits upon withdrawal of membership from the Respondent Sacco.
  2. 2 Whether the Respondent's financial difficulties or ongoing forensic audit can lawfully delay or deny the refund to the Claimant.
  3. 3 Whether the Claimant has sufficiently proved the amount claimed as refundable deposits.

Ratio Decidendi

The Tribunal found that the Claimant was a bona fide member of the Respondent Sacco and had properly withdrawn her membership. The Claimant provided sufficient documentary evidence, including pay slips and a withdrawal letter, to prove her entitlement to the claimed sum. The Respondent's defence, based on financial hardship and ongoing forensic audit, was found to be unsubstantiated and not a lawful ground to withhold the Claimant's deposits. The Tribunal held that statutory obligations to refund member deposits upon withdrawal are not suspended by internal financial mismanagement or pending audits. Judgment was therefore entered in favour of the Claimant for the sum claimed, with costs...

Court Disposition

judgment for the claimant

Orders

  • Judgment entered in favour of the Claimant for Kshs. 693,789.00.
  • The Respondent shall pay the Claimant interest on the sum at court rates until payment in full.