Close Menu
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    KahawatunguKahawatungu
    Button
    • NEWS
    • BUSINESS
    • KNOW YOUR CELEBRITY
    • POLITICS
    • TECHNOLOGY
    • SPORTS
    • HOW-TO
    • WORLD NEWS
    KahawatunguKahawatungu
    COURT NEWS

    Man in court to stop banks from unilaterally raising loan interest rates and charges

    KahawaTungu ReporterBy KahawaTungu ReporterMay 25, 2026No Comments2 Mins Read
    Facebook Twitter WhatsApp Telegram Email
    Share
    Facebook Twitter WhatsApp Telegram Pinterest Email Copy Link

    A petition was filed on Monday at the High Court in Nairobi seeking to stop commercial banks from unilaterally increasing interest rates, default charges, and other loan-related fees.

    The case filed by Francis Awino sought conservatory orders against the Central Bank of Kenya, the Attorney General and the Kenya Bankers Association on behalf of licensed commercial banks.

    In court papers, Awino argued that banks have been relying on contractual clauses to impose upward variations in lending rates, penalty charges, and loan repricing without demonstrating compliance with Section 44 of the Banking Act and constitutional requirements of fairness, transparency, and legality.

    He wanted the court to temporarily restrain banks, pending the hearing and determination of the petition, from enforcing any upward interest-rate variations, default charges, risk-based pricing increases or similar lending charges based solely on unilateral contractual provisions.

    Awino further argued that banks should not be allowed to rely on contractual clauses to bypass statutory and constitutional consumer protection safeguards relating to lending rates and loan repricing.

    He sought orders compelling the Central Bank of Kenya and the Kenya Bankers Association to place before the court and publish a detailed breakdown of lending practices between 2024 and 2026, including effective lending rates, repricing clauses, default charges, penalty fees, collateral realization data and internal or regulatory frameworks used to vary customer loan pricing.

    The petitioner also asked the court to compel disclosure of data on the extent of commercial banks’ investments in government securities compared to lending to the private sector, together with policies and supervisory frameworks guiding that allocation.

    Awino argued that the current lending model is opaque, unreasonable and procedurally unfair, contrary to Article 47 of the Constitution and the Fair Administrative Action Act.

    According to the petition, unilateral interest-rate variation and hidden repricing mechanisms threaten consumer rights under Article 46 and socio-economic rights protected under Articles 40 and 43 of the Constitution.

    He further contended that Section 44 of the Banking Act cannot be overridden through standard form contracts between banks and customers.

    The petitioner said continued enforcement of the contested lending practices exposes borrowers, mortgage holders, depositors and small businesses to ongoing constitutional harm, and wants the court to stop banks from listing, penalising, auctioning or repossessing borrowers over disputed interest-rate increases unless with leave of the court.

    Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel

    Follow on Facebook Follow on X (Twitter)
    Share. Facebook Twitter WhatsApp LinkedIn Telegram Email
    KahawaTungu Reporter
    • Website

    Email: Editor@Kahawatungu.com

    Related Posts

    Court halts prosecution of bank CEOs in Sh363 million First Assurance case

    August 7, 2026

    Kenya’s next polls should be held in August 2026, not the scheduled August 10, 2027, High Court declares

    August 7, 2026

    Man sentenced to ten years for manslaughter in ‘no-body’ killing in Meru after 11 year trial

    August 6, 2026

    Comments are closed.

    Latest Posts

    Goonism threatens investors as Machogu, Ondari, traders demand action against ‘Green Army’

    August 8, 2026

    Influencer killings mount in Mexico as rival cartel factions wage a bloody fight

    August 8, 2026

    Senate passes bill to fund government in bid to avert shutdown ahead of midterm elections

    August 8, 2026

    Saudi Arabia turns to Muslim military heavyweights in landmark defense pact as Iran war closes in

    August 8, 2026

    Todd Blanche, Trump’s ex-lawyer, confirmed as US attorney general

    August 8, 2026

    Trump’s top general is ‘looking for an off-ramp’ from Iran war as US military options remain limited

    August 8, 2026

    2nd Lieutenant Isaac Lenkume Commissioned from Sandhurst

    August 8, 2026

    Lionel’s Messi father Jorge Messi has passed away at the age of 68 after battling a long illness

    August 8, 2026
    Facebook X (Twitter) Instagram Pinterest
    © 2026 Kahawatungu.com. Designed by Okii.

    Type above and press Enter to search. Press Esc to cancel.