Page 54 - Issue 48_press_efile

EXPERTS LOUNGE

ASK THE LAWYER

My employer has not been remitting my SACCO I withdrew my membership from a SACCO after clearing all
dues for a couple of years. What legal action my debts and being offered a clearance form to fill and submit
can I take against them without risk of losing back to them. They assured me I was to get my share refund
my job? after 60 working days ending July 2018. Since then am yet to
(Samwel Ouma- Nairobi) get my refund. What can I do?
(Kelvin- Nakuru)
Hello, Samwel,
Hello, Kelvin,
The law gives the Commissioner of Co-operatives Go through your SACCO’s By-Laws and check on the provisions
power to institute proceedings against any as to refund. If you have followed the stipulations provided for
person not remitting SACCO dues. I suggest that refund, you could institute a legal complaint against the SACCO
you ask your SACCO to make an application to the at the Tribunal to claim refund of your savings.
Commissioner to institute legal proceedings in
court for recovery of the sum owing on behalf of I was a member of a SACCO that was recently shut down. Is
the Society. there any way possible to get my savings and dues back?
(Francis- Nairobi)
What implications would there be to me as
a member of a SACCO which has been fined Hello, Francis,
huge amounts by the Competition Authority of Yes, after liquidation. If the Commissioner authorizes the
Kenya? distribution of the assets of the Society after procuring the
(Kanini – Nyeri) auditing of the liquidator’s accounts. If this process has
commenced, wait patiently for communication.
Hello, Kanini,
Jackline Omolo,
It depends what caused the SACCO to be fined Advocate of the High Court of Kenya
in the first place. If it was an error made by the
SACCO in its usual business, then the same has
to be borne by all members. However, if the fine
was as a result of an error made by the SACCO
officials/workers without the mandate of the
SACCO, then the liability can be passed on the
responsible officials. Your SACCO members
should lodge a complaint with the Commissioner
to compel the officials who acted in bad faith to
repay or restore the money or property or any
part thereof to the Co-operative Society or to
contribute such sum to the assets of the Society
by way of compensation.

52| SACCO Star Magazine