Kenyan case law
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Makathimo v M’Itirithia & 3 others (Tribunal Case 566 (E003) of 2023) [2024] KECPT 242 (KLR) (7 March 2024) (Ruling)
✦ The election was irregular due to the amended clause, and the Notice of Motion Application is dismissed.
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Kamore v Travellers (Tribunal Case 423 of 2017) [2024] KECPT 215 (KLR) (7 March 2024) (Ruling)
✦ The Party and Party Bill of Costs dated 17th October, 2022 is taxed at a total sum of Kshs. 57,755.
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Muchene v Comoco Sacco Society Limited (Tribunal Case 165/E073 of 2022) [2024] KECPT 211 (KLR) (7 March 2024) (Judgment)
✦ The Claimant has adequately prosecuted his case and the Respondent owes the Claimant Kshs. 163,634.34/=
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Maingi v Maingi & 3 others (Tribunal Case 315/ E 107 of 2021) [2024] KECPT 214 (KLR) (7 March 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the claimant's suit and the notice of preliminary objection is allowed.
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Mbirua & 9 others v Commissioner for Cooperative Development; Mwiki PSV Sacco Limited (Interested Party) (Tribunal Appeal E015 of 2022) [2024] KECPT 247 (KLR) (7 March 2024) (Judgment)
✦ The tribunal has the mandate to hear and determine appeals against Surcharge Orders issued by the Commissioner under section 73 of the Cooperative Societies Act.
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Nzii v Mariu (Tribunal Case E850 (777) of 2022) [2024] KECPT 250 (KLR) (7 March 2024) (Ruling)
✦ The preliminary objection is dismissed with costs
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Kamau v New Milimani Sacco Limited (Tribunal Case 108/ E037 of 2023) [2024] KECPT 209 (KLR) (7 March 2024) (Judgment)
✦ The Tribunal finds that the Claimant did not fully repay the loan and is entitled to the refund of Kshs. 349,020.77.
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Eastleigh Route Sacco Limited v Ihura (Tribunal Case 13 of 2021) [2024] KECPT 254 (KLR) (7 March 2024) (Judgment)
✦ The Respondent owes the Claimant Kshs. 388,526/= plus interest and costs.
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Githinji & 3 others v Mwangi & another (Tribunal Case 509 of 2013) [2024] KECPT 241 (KLR) (7 March 2024) (Ruling)
✦ The 2nd Respondent's Bill of Costs is allowed and taxed at Kshs. 82,830/=.
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Daima Sacco Ltd v Njeru (Tribunal Case 386 of 2012) [2024] KECPT 253 (KLR) (7 March 2024) (Ruling)
✦ The Applicant’s prayer to stay the execution of a Decree that flows from a consent that he willingly entered and that has not been set aside or varied is denied. The Judgment Debtor is allowed to settle the balance of the decretal sum by way of monthly installments.
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Mzalendo Savings & Credit Society Limited v Simiyu & 3 others (Tribunal Case 187 of 2020) [2024] KECPT 72 (KLR) (29 January 2024) (Ruling)
✦ The preliminary objection is upheld, and the claim is dismissed with each party bearing their own costs.
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David Njoroge v Lina Saving & Credit Coop Society Limited (Tribunal Case 135 of 2021) [2024] KECPT 75 (KLR) (29 January 2024) (Judgment)
✦ The Amended Claim is dismissed with each party to bear their own costs.
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Otieno v Miliki Savings & Credit Sacco Limited (Tribunal Case 332 of 2021) [2024] KECPT 76 (KLR) (29 January 2024) (Judgment)
✦ The Respondent is ordered to refund the Claimant his deposits of Kshs. 998,400/= and the refund of shares for the sum of Kshs. 20,000/=. The prayer for refund of shares is not successful.
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Telepost Sacco v Ontarige (Tribunal Case 93 of 2021) [2024] KECPT 69 (KLR) (Civ) (29 January 2024) (Judgment)
✦ Judgment in favor of the Claimant for the sum of Kshs. 1,034,216/=
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Marcelino v Laichena (Tribunal Case 162/E185 of 2023) [2024] KECPT 70 (KLR) (29 January 2024) (Ruling)
✦ The Statement of Defence is struck out and judgment for the sum of Kshs. 2,000,000/= is entered in favour of the Claimant.
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Khwale v Mumias Cane Farmers Cooperative Union Limited & another (Tribunal Case 12B of 2018) [2024] KECPT 73 (KLR) (11 January 2024) (Ruling)
✦ Application dismissed with costs
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Mwambi v Mwalimu National Sacco (Tribunal Case E173/83 of 2022) [2024] KECPT 71 (KLR) (11 January 2024) (Ruling)
✦ The application is allowed, and the Tribunal orders fresh elections for the Respondent's members.
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Nangunin v Metropolitan National Sacco Society Ltd (Tribunal Case 23 (E040) of 2023) [2023] KECPT 1100 (KLR) (Civ) (14 December 2023) (Judgment)
✦ The court finds in favor of the Claimant for Kshs. 253,071.10/= plus costs and interest at the Tribunal rates from the date of filing this claim.
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Kenya Medical Sacco Limited v Ogosi (Tribunal Case 290 of 2019) [2023] KECPT 1104 (KLR) (14 December 2023) (Ruling)
✦ The Bill of Costs is taxed at Kshs 130,126/=
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Orido v Nasca Sacco (Tribunal Case 715/E785 of 2022) [2023] KECPT 1085 (KLR) (14 December 2023) (Judgment)
✦ Judgment is entered in favour of the Claimant for Kshs. 233,600/= plus costs and interest.
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Bacista Savings & Credit Cooperative Society v Mucheke & 3 others (Tribunal Case 54 of 2021) [2023] KECPT 1098 (KLR) (14 December 2023) (Judgment)
✦ The court finds that the Claimant has proved the Claim as contained in the Amended Claim on a balance of probabilities and orders the 3rd Respondent to refund the misappropriated funds.
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Macharia v National Hospital Insurance Sacco Society Limited (Tribunal Case 727/E774 of 2022) [2023] KECPT 1086 (KLR) (14 December 2023) (Judgment)
✦ We find merit in the claim and award in favor of the Claimant for Kshs 701,500 plus costs and interest.
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Mulwa v Mbithi & another (Tribunal Case 34 of 2013) [2023] KECPT 1105 (KLR) (14 December 2023) (Ruling)
✦ The Tribunal finds that the executive officers of the 2nd respondent have disobeyed the orders of the tribunal and issues orders for contempt, fines, and a warrant of arrest.
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Kanji v Komothai Coffee Growers Cooperative Society Ltd (Tribunal Case 35 of 2015) [2023] KECPT 1083 (KLR) (14 December 2023) (Ruling)
✦ The Claimant's costs are amended to Kshs. 70,000/=.
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Fortune Sacco Society Limited v Kirugumi (Tribunal Case 489 of 2018) [2023] KECPT 1084 (KLR) (14 December 2023) (Judgment)
✦ The Claimant succeeds with his prayers, and the Respondent is ordered to pay the unpaid arrears plus interest until the amount is paid in full.