https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/279

Wanjala alias Wanjala Jane v Metropolitan National Sacco Ltd (Tribunal Case E042 of 2022) [2026] KECOPT 279 (KLR) (25 June 2026) (Judgment) Neutral citation: [2026] KECOPT 279 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E042 of 2022 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members June 25, 2026 Between Jane N Wanjala alias Wanjala Jane Claimant and Metropolitan National Sacco Limited Respondent Judgment Introduction 1.The Claimant instituted this claim dated 15th June 2023 against the Respondent seeking refund of her shares and payment of accrued dividends following her voluntary withdrawal from the Respondent Sacco. 2.In her Statement of Claim, the Claimant sought the following reliefs:a.An order directing the Respondent to pay the Claimant Kshs. 152,266.00 being refund of her shares;b.A further sum of Kshs. 30,453.00 being accrued dividends allegedly arising from the said shares for a period of ten (10) years;c.Interest on (a) above from 2nd February 2023 until payment in full;d.Costs of the claim; ande.Any other relief this Tribunal may deem fit and just to grant. The Claimant’s Case 3.The Claimant averred that she joined the Respondent Sacco in January 2013 and voluntarily withdrew her membership vide a withdrawal letter dated 2nd February 2023. 4.She contended that at the time of withdrawal, she had accumulated shares amounting to Kshs. 152,266.00. She further alleged that the said shares attracted dividends at the rate of 12% per annum, and therefore claimed Kshs. 30,453.00 being accrued dividends for a period of ten years. 5.In support of her claim, the Claimant produced copies ofa.Her pay slip, withdrawal letter,b.A national identity card, andc.A demand letter. 6.The matter was to be canvassed by way of written submissions. 7.The Claimant's written submissions dated 10th January 2026 were served upon the Respondent despite opportunities to participate in the proceedings and respond to the Claimant's case, the Respondent neither entered appearance nor filed any response. The Tribunal has therefore determined the claim on the basis of the pleadings, documentary evidence and written submissions on record. Issues for Determination 8.The Tribunal frames the following issues for determination:i.Whether the Claimant has proved entitlement to refund of shares in the sum of Kshs. 152,266.00;ii.Whether the Claimant has proved entitlement to accrued dividends in the sum of Kshs. 30,453.00;iii.What orders should issue as to costs and interest. Analysis and Determination 9.The Tribunal has considered the pleadings, documents and material placed before it. The law is settled that the burden of proof lies upon the party who would fail if no evidence at all were tendered on either side. In Palace Investment Ltd v Geoffrey Kariuki Mwenda & Another [2015] eKLR, the Court of Appeal stated:“The burden of proof is on the party who would fail if no evidence at all were given on either side.” 10.Further, in Kirugi & Another v Kabiya & 3 Others [1987] KLR 347, the Court held:“The burden was always on the plaintiff to prove his case on a balance of probabilities even if the case was heard by way of formal proof.” 11.Accordingly, notwithstanding the Respondent's failure to participate in the proceedings, the Claimant was required to place sufficient material before the Tribunal to establish the claim. 12.On the procedural posture of the matter, the Tribunal notes that Summons to Enter Appearance and Tribunal notices were issued. The Respondent did not enter appearance, file any response, or participate in the proceedings. The effect of non-participation is that the Claimant’s evidence remains uncontroverted; however, the Claimant is still under a legal duty to prove her claim to the required standard and judgment cannot be entered purely on default without proof. 13.With regard to the claim for refund of shares, the Claimant produced documentary evidence includinga.a pay slip andb.a withdrawal letter confirming her membership in the Respondent Sacco and her withdrawal on 2nd February 2023. 14.The pay slip reflects that the Claimant had accumulated shares amounting to Kshs. 152,266.00. 15.In the absence of any rebuttal evidence from the Respondent, the Tribunal finds the Claimant’s evidence credible and sufficient to establish her entitlement to refund of shares in the sum claimed. 16.With respect to the claim for Kshs. 30,453.00 being accrued dividends, entitlement to dividends must be supported by evidence of declaration, applicable by-laws, AGM resolutions, audited financial statements, or other records demonstrating both entitlement and computation. 17.In the present case, although the Claimant pleaded entitlement to dividends calculated at 12% per annum for ten years, no evidentiary basis was placed before the Tribunal to demonstrate that such dividends were declared or payable for the period in question. No by-laws, audited accounts, AGM resolutions, or dividend declarations were produced to substantiate the claim or its computation. 18.In the absence of such evidence, the Tribunal is unable to ascertain or sustain the claim for accrued dividends, as doing so would amount to speculation. The prayer for dividends therefore fails for want of proof. 19.In the result, judgment is entered in favor of the Claimant against the Respondent as follows:a.The Respondent shall pay the Claimant Kshs. 152,266.00 being refund of shares;b.The amount in (a) above shall attract interest at court rates from 2nd February 2023 until payment in full;c.The claim for Kshs. 30,453.00 being accrued dividends hereby fails; no proof of evidence is addressed.d.The Claimant shall have costs of the claim. JUDGMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JUNE, 2026.HON. J. MWATSAMA AG. CHAIRPERSON SIGNED 25/6/2026HON. BEATRICE SAWE MEMBER SIGNED 25/6/2026HON. FRIDAH LOTUIYA MEMBER SIGNED 25/6/2026HON. MICHAEL CHESIKAW MEMBER SIGNED 25/6/2026HON. P. AOL MEMBER SIGNED 25/6/2026Court Assistant – KokiNo appearance by partiesJudgement delivered in their absenceHON. J. MWATSAMA AG. CHAIRPERSON SIGNED 25/6/2026