Kenyan case law
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Gichane v Mbugua (Tribunal Case 459 of 2018) [2022] KECPT 169 (KLR) (Civ) (24 March 2022) (Judgment)
✦ The interim injunction is set aside, and the Statement of Defence filed by the Respondent is now part of the court record. The parties are directed to leave for pre-trial directions.
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Pan Africa Staff Society Limited v Kitela (Tribunal Case 287 of 2016) [2022] KECPT 167 (KLR) (Civ) (24 March 2022) (Judgment)
✦ The Tribunal finds the Claimant has proved their case against the Respondent on a balance of probability and awards the Claimant judgment for Kshs. 3,075,677.50/plus costs and interest from the date of filing the suit.
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Osengo & 132 others v Teepee Sacco Society Limited & others (Tribunal Case 378 of 2019) [2022] KECPT 172 (KLR) (Civ) (24 March 2022) (Judgment)
✦ The orders sought by the plaintiffs against the second respondent to discharge the chairman Bruce Ochieng are not tenable. A forensic audit should be conducted by the County Cooperative Officer within 30 days.
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Orient Sacco Society Limited v Gikonyo (Tribunal Case 153 of 2021) [2022] KECPT 154 (KLR) (Civ) (17 March 2022) (Ruling)
✦ Summary judgment granted in favor of the Applicant for the sum of Kshs. 4,205,400.00 as at 28th January 2021, with interest thereon from the date of the surcharge orders.
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Moda Sacco Limited v Waithima (Tribunal Case 102 of 2013) [2022] KECPT 163 (KLR) (Civ) (17 March 2022) (Ruling)
✦ The Tribunal has no jurisdiction to hear the case due to lack of jurisdiction in the matters raised.
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Ilovi v NHIF Sacco Society Limited (Tribunal Case 190 of 2021) [2022] KECPT 192 (KLR) (Civ) (17 March 2022) (Judgment)
✦ The court finds in favor of the Claimant for Kshs. 255,500, deducting the Share Capital of Kshs. 25,500, plus costs and interest from the date of filing the suit.
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Ambasi v Ufundi Sacco Society Limited (Tribunal Case 534 of 2017) [2022] KECPT 162 (KLR) (Civ) (3 March 2022) (Judgment)
✦ The claimant is entitled to the refunds as per the claim.
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Ambasi v Ufundi Sacco Society Limited (Tribunal Case 159 of 2016) [2022] KECPT 171 (KLR) (Civ) (3 March 2022) (Judgment)
✦ The Tribunal finds in favor of the Claimant, awarding him Kshs. 318,900/= plus interest.
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Kabugu & another v Urithi Housing & Cooperative Society Limited (Tribunal Case 741 of 2019) [2022] KECPT 235 (KLR) (Civ) (3 March 2022) (Judgment)
✦ The court finds the claimants as rightful owners of the plots and grants a mandatory order for the processing of title deeds. Special damages of Kshs. 6,200,000/=
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Kibuthu & another v Kenya USA Diaspora Sacco & 2 others (Tribunal Case 24 of 2021) [2022] KECPT 151 (KLR) (18 February 2022) (Ruling)
✦ The Application is dismissed as the delay costs the Respondent herein to the detriment of the general membership.
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Mwiki Psv Sacco Limited v Others (Tribunal Case 271 of 2021) [2022] KECPT 152 (KLR) (Civ) (18 February 2022) (Ruling)
✦ The application is granted with a stay of proceedings pending the hearing and determination of Appeal No 1 of 2020
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Sang v Tuigong & another (Tribunal Case 255 of 2018) [2022] KECPT 165 (KLR) (Civ) (17 February 2022) (Ruling)
✦ The first certificate of costs is valid and the second is invalid.
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Jabuto & 4 others v Mwiti (Tribunal Case 139 of 2021) [2022] KECPT 157 (KLR) (17 February 2022) (Judgment)
✦ The court finds that the Respondent defaulted on his loan obligations and owes the Claimants Kshs. 1,607,401.74.
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Biashara Sacco Soc. Ltd v Ngari (Miscellaneous Application 12 of 2019) [2022] KECPT 182 (KLR) (Civ) (17 February 2022) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Korinko v Metropolitan National Sacco Society Ltd (Tribunal Case 141 of 2021) [2022] KECPT 135 (KLR) (Civ) (17 February 2022) (Judgment)
✦ The Tribunal finds the refundable deposit is Kshs. 113,554.68 and orders the Respondent to transfer this amount to the Claimant's personal bank account.
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Musyoka v Muka Mikuu FCS (Tribunal Case 468 of 2020) [2022] KECPT 156 (KLR) (Civ) (17 February 2022) (Ruling)
✦ Preservatory orders are denied due to lack of a prima facie case and irreparable harm.
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Nyongesa v Kenkazi Sacco Soc Ltd (Tribunal Case 248 of 2021) [2022] KECPT 185 (KLR) (Civ) (17 February 2022) (Judgment)
✦ The Tribunal finds the Claimant is owed Kshs. 50,256.00 and enters judgment in his favor for this amount plus costs and interest.
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Ambani v Mudete Factory Tea Growers Sacco (Tribunal Case 796 of 2017) [2022] KECPT 138 (KLR) (Civ) (17 February 2022) (Judgment)
✦ Judgment in favor of claimant for a declaration of contribution and refund of Ksh. 28,577.95 with costs and interest from filing suit.
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Ondede v Ken Kazi Sacco Ltd (Tribunal Case 131 of 2021) [2022] KECPT 136 (KLR) (Civ) (17 February 2022) (Judgment)
✦ Judgment is entered in favor of the Claimant for Kshs. 93,430.00 as admitted, plus the disputed amount of Kshs. 45,113.
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Wachira v Ufundi Co-op.Savings & Credit Society (Tribunal Case 517 of 2019) [2022] KECPT 155 (KLR) (Civ) (17 February 2022) (Judgment)
✦ The claimant has proved his case on a balance of probability and is entitled to a refund of Kshs 206,500.00 plus costs and interests.
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Kwendo v Maseno University Sacco (Tribunal Case 651 of 2019) [2022] KECPT 137 (KLR) (Civ) (17 February 2022) (Judgment)
✦ Judgment in favor of Claimant for Ksh. 709,302/- plus costs and interest at Tribunal rates.
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John v Metropolitan National Sacco Society Limited (Tribunal Case 298 of 2020) [2022] KECPT 158 (KLR) (17 February 2022) (Judgment)
✦ Judgment in favor of the Claimant for Kshs. 374,000 plus costs and interest from the date of filing suit
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Pamela Aduol Wanjama & others v Taraji Sacco Society Limited & others (Tribunal Case 675 of 2018) [2022] KECPT 170 (KLR) (Civ) (17 February 2022) (Judgment)
✦ The claimant is awarded Kshs. 2,065,050/= with costs and interest at Tribunal rates from the date of filing the suit.
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Gachuki & 2 others v Komothai Coffee Growers Co-operative Society Ltd & 3 others (Tribunal Case 293 E096 of 2021) [2022] KECPT 184 (KLR) (Civ) (17 February 2022) (Ruling)
✦ The court finds that the inquiry report was not adopted and thus cannot be used as a basis to exclude the claimants from any elections if at all unless evidence in the contrary is produced.
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Mbugua v Transcom Sacco Limited (Tribunal Case 98 of 2018) [2022] KECPT 161 (KLR) (Civ) (17 February 2022) (Judgment)
✦ The court finds the claimant has proved his case against the respondent and enters judgment in favor of the claimant for Kshs. 218,810 with costs and interest from the date of filing the suit.