Orient Sacco Society Ltd v Wanjeru (Tribunal Case 30 of 2021) [2023] KECPT 838 (KLR) (31 August 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 838
- Citation
- [2023] KECPT 838 (KLR)
- Decided
- 31 August 2023
The court finds that the loan balance of Kshs. 1,400,000/= is not in contention. The court declares that the loan repayment should resume as at the date of the unlawful termination of employment by Orient Sacco Society Ltd.
Facts
Orient Sacco Society Ltd advanced two loans to Jane Wangari Wanjeru: a personal loan of Kshs. 460,350/= and a sta loan of Kshs. 1,400,000/=. The loans were due for repayment, but Wanjeru denied owing the loans and claimed she was unlawfully terminated.
Issues
- Whether Wanjeru owes the claimed loan amount
- Whether the termination of employment by Orient Sacco Society Ltd was unlawful
- Whether the loan repayment should resume as at the date of the unlawful termination
Reasoning
The court confirms the loan agreement for Kshs. 1,400,000/= with a 5% interest rate and denies that the security was Wanjeru's salary. The court finds that the termination of employment was unlawful and that the loan repayment should resume.
Outcome
The court declares that the loan repayment should resume as at the date of the unlawful termination of employment by Orient Sacco Society Ltd.
Orders
- Declaration that the loan repayment should resume as at the date of the unlawful termination of employment by Orient Sacco Society Ltd.
- Reinstatement of the terms of the loan agreement between the Claimant and the Respondent.
- Reinstatement of the Respondent to her position within the Claimant institution.
Remedies
- Cost and interests of the suit.
- Any other reliefs that this Honourable court deems fit to grant.
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