[2025] KECPT 373 (KLR)
The Tribunal found that while the Claimant was entitled to a refund of his deposits upon withdrawal from the Respondent Sacco, this entitlement was subject to the settlement of any outstanding liabilities. The evidence showed the Claimant had a loan balance of Kshs. 7,322.68 as at 31/7/2023. The Claimant's savings...
Source-derived case information.
- Citation
- [2025] KECPT 373 (KLR)
- Parties
- Applicant: Ronald Musanga Wandati; Respondent: Metropolitan National Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 107/E205 of 2024
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for the applicant
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Deposit Recovery, Member Withdrawal Liabilities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Musanga Wandati
Applicant
Metropolitan National Sacco Society Ltd
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of his deposits from the Respondent Sacco Society.
- 2 Whether the Claimant has any outstanding liabilities to the Respondent that must be settled before a refund is made.
- 3 What amount, if any, is due and payable to the Claimant after accounting for any liabilities.
Ratio Decidendi
The Tribunal found that while the Claimant was entitled to a refund of his deposits upon withdrawal from the Respondent Sacco, this entitlement was subject to the settlement of any outstanding liabilities. The evidence showed the Claimant had a loan balance of Kshs. 7,322.68 as at 31/7/2023. The Claimant's savings stood at Kshs. 122,033.60, resulting in a net refundable amount of Kshs. 104,710.92 after deducting the loan balance. The Tribunal rejected the Respondent's argument that AGM resolutions suspending refunds could override the statutory right to a refund, provided liabilities are settled. Judgment was therefore entered for the Claimant for the net sum, with costs and interest.
Court Disposition
judgment for the applicant
Orders
- The Respondent shall pay the Claimant Kshs. 104,710.92 being the net refund due after deducting outstanding liabilities.
- The Respondent shall pay interest on the above sum at court rates.
Full Case Text
Judgment text and source record
24 paragraphs
Wandati v Metropolitan National Sacco Society Ltd (Tribunal Case 107/E205 of 2024) [2025] KECPT 373 (KLR) (10 July 2025) (Judgment)
Neutral citation: [2025] KECPT 373 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 107/E205 of 2024
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 10, 2025
Between
Ronald Musanga Wandati
Claimant
and
Metropolitan National Sacco Society Ltd
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 6/3/2023 filed on 21/3/2024, where the Claimant avers he was member no 39010. He withdrew of Respondent Society in the year 2013 and he had deposits of Kshs 144,033. 00/=The Respondent despite receiving the withdrawal notice, have failed to refund the Claimant.The Claimant’s claim is thus for:i.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Kshs. 144,033. 00/=ii.The Honourable Court to issue such orders and give such directions as it may deem fit to meet the ends of justice.iii.The Respondent to pay the costs of this claim.iv.Interest on the above at Court rates.The Claimant filed Witness Statements dated 6/3/2023 and List of Documents dated 6/3/2024 which included the following documents;1. Member’s statement.2. Demand letter3. Withdrawal letter
2. The Respondent filed statement of Defence dated 12/6/2024 filed on 8/7/2024. The Respondent denied the averments of the Claimant in the Statement of Claim stating that Claimant has not proved the Respondent has his deposits. Further, the Respondent had a resolution in the Annual General Meeting that all refunds have been suspended which decision was binding to all members.The Respondent also state their society is facing financial challenges and is overwhelmed by various applicants seeking to withdraw from the society as a result of mismanagement.They pray for the Claimant’s claim to be dismissed.The Respondent also filed Witness Statement dated 13/11/2024 and List of Documents dated 13/11/2024 which included;1. Annual General Meeting resolutions stopping refunds2. Statement of account3. Audited accounts of metropolitan4. Affidavit of means
3. Matter being one of refunds parties were directed to file Written Submissions to determine the Claim. The Claimant filed Written Submissions dated 13/12/2024 and the Respondent filed Written Submissions dated 13. 12. 2024. Having looked into the pleadings filed and documents filed by the parties, the issue for determination is;
Issue OneWhether Claimant has any liabilities? i.The Claimant from their Statement of Claim did not indicate whether they had any liabilities and evidence filed on Statement of Accounts from Respondent shows his savings.
ii.The Respondent in their documents, Witness Statement by Brian Mulwa dated 13/11/2024 in paragraph 5 states that Claimant has not disclosed he secured a loan from the Respondent and guaranteed another member.
iii.In their List of Documents; Document 2 – Statement of Accounts, the Respondent have indeed filed Statement of Accounts similar to that of Claimants but attach ed also Emergency Super loan thus Loan Account Statement of Claimant which shows as at 31/7/2023, the Claimant had loan balance of Kshs. 7,322. 68/=Indeed, Claimant had/has an obligation towards Respondent of Kshs. 7,322. 68/=
4. Issue Two.How much is the Claimant to be refunded if at all? i.Considering the above issue in finding the Respondent has a loan balance, the obligation has to be paid first before refund is done to the Claimant.
ii.As such, since the Claimants Statement of Accounts shows he had Kshs. 122,033. 60/= in savings as at 31/7/2023 and loan balance of Kshs. 7,322. 68, the difference in Kshs. 104,710. 92/=.
iii.Judgement is entered in favor of Claimant against Respondent for Kshs. 104,710. 92 plus cost and interest.
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 the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 10. 7.2025