Mutuku v Tung’a & 2 others (All Sued as Officials of Mutituni Self Help Group Sikoni) (Tribunal Case E002 of 2022) [2023] KEMSET 2 (KLR) (19 January 2023) (Judgment)
- Court
- KEMSET
- Case number
- 2
- Citation
- [2023] KEMSET 2 (KLR)
- Decided
- 19 January 2023
The Claimant is not entitled to her claim of Kshs 139,900/= from the Respondents as she resigned from the Group due to perceived failure to support her during her husband's passing.
Facts
Claimant joined Mutituni Self Help Group on February 28, 2008 and fully subscribed to the By-laws. She resigned in October 2021 due to perceived failure to support her during her husband's passing. The Group failed to support her as per the By-laws.
Issues
- Whether the Claimant is entitled to her claim of Kshs 139,900/= from the Respondents.
- Whether the Claimant is entitled to damages for breach of the By-laws and her legitimate expectations.
- Whether the Respondents are entitled to their Counterclaim of Kshs 76,180/=.
- Who bears the costs of the suit.
Reasoning
The Claimant resigned from the Group in October 2021 due to perceived failure to support her during her husband's passing. The Group failed to support her as per the By-laws. The Tribunal is persuaded by the evidence of the Claimant that she withdrew from the membership of the Group after the death of her husband and the subsequent failure by the Group to contribute towards and failure to attend the burial.
Outcome
The Claimant's claim is dismissed.
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