Tag: Fuliza

  • Safaricom’s Fuliza Service Crippled as Automatic Repayment System Crashes

    Safaricom’s Fuliza Service Crippled as Automatic Repayment System Crashes

    Telecommunication giant scrambles to fix mysterious system failure affecting millions, but tight-lipped response fuels speculation

    Kenya’s telecommunications behemoth Safaricom PLC found itself in damage control mode Tuesday as its flagship Fuliza overdraft service experienced what the company tersely described as a “temporary disruption”—corporate speak that belies the scale of chaos unleashed on millions of customers unable to repay their mobile loans.

    The crisis, which emerged on September 30, 2025, has effectively paralyzed the automatic repayment mechanism that forms the backbone of Fuliza’s operations, leaving users stranded and raising uncomfortable questions about the vulnerability of Kenya’s increasingly digitized financial infrastructure.

    What Safaricom isn’t saying speaks louder than its carefully calibrated public statements, and the silence has tongues wagging across the industry about whether this is merely a technical hiccup or something far more serious.

    “There is an issue with the repayment of Fuliza and resolution is underway. Our team is working in resolving the same. Sorry for the inconvenience caused,” read the company’s boilerplate response to anxious customers flooding social media with complaints—a statement so deliberately vague it could mean anything from a simple software bug to a full-blown security breach.

    The evasiveness is typical of a corporation caught flat-footed by a crisis it doesn’t fully understand or doesn’t want to explain.

    Industry insiders suggest that the specificity of the failure affecting only Fuliza repayments rather than the entire M-Pesa ecosystem points to either a targeted attack on the system or a catastrophic failure in a critical component of the service architecture. Safaricom, predictably, isn’t confirming either scenario.

    What makes this disruption particularly alarming is the central role Fuliza has assumed in Kenya’s financial landscape since its January 2019 launch.

    Born from a partnership between Safaricom, NCBA Bank, and KCB Bank, the overdraft facility has morphed from a convenient add-on into an essential lifeline for millions of Kenyans who routinely rely on it to bridge the gap between paychecks, emergencies, and everyday expenses.

    The service’s genius lies in its simplicity and automation.

    When your M-Pesa wallet runs dry mid-transaction whether you’re sending money to a relative, paying a bill, or buying groceries—Fuliza seamlessly tops up the shortfall, up to your pre-approved limit.

    The borrowed amount, plus fees, is then automatically recovered from your next incoming deposit. It’s financial duct tape for a cash-strapped nation, and on Tuesday, that tape came unstuck.

    The implications ripple far beyond individual inconvenience.

    Businesses using Fuliza ya Biashara, the commercial iteration that extends overdrafts up to Ksh 400,000 to merchant tills, now find themselves in a peculiar bind.

    They can still access credit to complete transactions, but the system that would normally recover those funds has gone dark.

    It’s like writing checks without a clearing house—eventually, someone has to balance the books, but nobody knows when or how.

    Safaricom’s track record on service reliability has generally been solid, though not unblemished.

    The company has weathered scheduled maintenance windows and occasional unplanned outages, but those typically affected the broader M-Pesa platform with clear explanations and timelines for restoration.

    This incident feels different.

    The surgical precision with which it has disabled a specific function suggests either remarkable bad luck or a more calculated intrusion into the system’s inner workings.

    Cybersecurity experts note that mobile money platforms have become increasingly attractive targets for sophisticated threat actors, even as they struggle under the weight of processing millions of transactions daily.

    A successful attack on Fuliza would represent a significant escalation in the threat landscape for Kenya’s fintech sector, potentially exposing vulnerabilities that could be exploited elsewhere.

    Safaricom’s reluctance to discuss technical details could indicate they’re still determining the full scope of what went wrong—or desperately trying to avoid admitting they’ve been compromised.

    The financial stakes are staggering. Fuliza processes transactions worth billions of shillings monthly, touching millions of lives daily. Each hour of downtime translates to lost revenue for Safaricom and its banking partners, who collect a 1% access fee plus daily maintenance charges on outstanding balances. More critically, customers who borrowed expecting automatic repayment may now face accumulating fees, damaged credit scores, and reduced borrowing limits through no fault of their own.

    The disruption also exposes the precarious nature of Kenya’s rush toward financial digitization. As more citizens abandon traditional banking for mobile money, the entire economy becomes hostage to the stability of platforms like M-Pesa and services like Fuliza. Tuesday’s failure serves as an uncomfortable reminder that digital infrastructure, for all its convenience, can fail spectacularly and without warning.

    Safaricom CEO Peter Ndegwa has previously touted Fuliza as evidence of the company’s commitment to financial inclusion, noting during the 2023 launch of Fuliza ya Biashara that more than 538,000 businesses were already using the platform. “Our strategy is to now go beyond collecting payments by providing business owners with tools to manage and grow their businesses,” he declared then, promising instant, affordable credit would empower small enterprises to respond rapidly to business needs.

    Those promises ring hollow today as those same businesses watch their repayment systems malfunction while Safaricom’s communications team offers nothing but platitudes about “working to resolve” the issue. No timeline. No root cause. No transparency.

    As the disruption stretched beyond the initial few hours Tuesday afternoon, frustration mounted among users who depend on Fuliza not as a luxury but as a survival mechanism in an economy where informal work, irregular income, and unexpected expenses are the norm rather than the exception. For them, this isn’t about corporate efficiency or technical glitches—it’s about whether they can trust the systems they’ve been encouraged to adopt as replacements for traditional banking.

    Safaricom’s failure to provide substantive updates or a clear restoration timeline only deepens suspicions that the company either doesn’t fully understand what’s broken or doesn’t want to reveal what it knows. In an era where corporate reputation can evaporate overnight on social media, this approach seems dangerously short-sighted. Kenyans have proven remarkably patient with M-Pesa over the years, but that patience isn’t infinite.

    Whether this proves to be an embarrassing technical failure, evidence of deeper systemic vulnerabilities, or something more sinister that Safaricom would prefer to handle quietly, one thing is certain: millions of Kenyans went to bed Tuesday night unable to settle their debts, not because they lacked the means, but because the system designed to collect those debts had simply stopped working.

    By publication time, Safaricom had not provided any meaningful update beyond its initial acknowledgment of the problem, leaving customers, businesses, and observers to wonder whether Kenya’s mobile money infrastructure is as robust as they’ve been led to believe—or whether Tuesday’s disruption is merely a preview of larger failures to come.

  • Safaricom Explains How Customers Can Increase Their Fuliza Loan Limits

    Safaricom Explains How Customers Can Increase Their Fuliza Loan Limits

    Safaricom has outlined specific steps customers can take to increase their Fuliza loan limits amid growing frustration from M-PESA users experiencing stagnant borrowing capacities for extended periods.

    The telecommunications giant’s clarification comes after numerous customers expressed concerns about unchanged Fuliza limits, with some reporting limits as low as KSh 100 to KSh 300 that have remained static for over two years despite regular usage.

    Key Requirements for Limit Increases

    According to Safaricom’s official guidance, customers seeking to grow their Fuliza limits must meet several criteria:

    1. Network Tenure Requirement

    Customers who have been on Safaricom’s network for less than six months will have a zero limit. This represents a fundamental barrier for new users seeking immediate access to higher credit facilities.

    2. Consistent Service Usage

    To grow Fuliza limits, customers need to continue using Safaricom and M-PESA services regularly and repay their Fuliza facility on time by topping up their M-PESA account. This includes maintaining active engagement with various M-PESA services beyond just the overdraft facility.

    3. Timely Repayment History

    The limit will be refreshed upwards or downwards depending on usage and timely repayment of the facility. This dynamic adjustment system means customers with poor repayment records may see their limits reduced rather than increased.

    Maximum Limits and Transaction Patterns

    The maximum Fuliza limit can reach KSh 70,000 for customers who consistently deposit and withdraw large amounts from their M-PESA accounts. This ceiling represents the highest overdraft facility available through the service.

    The company emphasizes that limit increases are not guaranteed and depend heavily on individual customer behavior patterns, including transaction frequency, amounts, and repayment consistency.

    Warning Against Fraudulent Services

    Safaricom has also warned customers about fraudulent Facebook pages claiming they can artificially increase Fuliza limits. Pages such as “Fuliza Increment loans,” “Fuliza Increase Limit,” and “To increase fuliza limit from 0 to 50,000” have been identified as fake, with the company emphasizing that no third-party service can manipulate these limits.

    Customer Concerns

    Recent complaints highlight the broader challenges facing Kenya’s digital lending sector. Some customers have reported transacting over KSh 300,000 monthly while maintaining minimal Fuliza limits, raising questions about the algorithm’s sensitivity to high-volume users.

    The Fuliza service, launched as a partnership between Safaricom and NCBA Bank, has become a critical financial lifeline for millions of Kenyans since its introduction. The overdraft facility allows M-PESA users to complete transactions even when their account balance is insufficient, with automatic repayment when funds are deposited.

    The concerns over Fuliza limits come at a time when digital lending in Kenya faces increased regulatory scrutiny. The Central Bank of Kenya has implemented stricter guidelines for digital lenders, emphasizing consumer protection and responsible lending practices.

    Safaricom’s clarification represents an effort to manage customer expectations while maintaining the risk management protocols that govern the Fuliza service. The company’s algorithmic approach to limit setting reflects broader industry trends toward data-driven credit assessment.

    How to Check and Manage Fuliza

    Customers can check their current Fuliza limit and opt into the service by dialing *334# and selecting the Fuliza M-PESA option. The service requires users to be M-PESA registered customers with active Safaricom lines.

    The service charges include a one-time 1% access fee and daily maintenance fees applied at midnight, along with the standard 20% excise tax on interest charges.

    As Kenya’s mobile money ecosystem continues to evolve, the balance between accessibility and risk management remains a key challenge for service providers. Safaricom’s guidance on Fuliza limits reflects this ongoing tension between customer demand for higher credit facilities and the need for prudent lending practices.

    For customers seeking to increase their limits, the company’s message remains clear: consistent usage, timely repayment, and patience are the only legitimate pathways to higher Fuliza credit facilities.

  • Betting And Borrowing Amplified Safaricom’s Huge Profits

    Betting And Borrowing Amplified Safaricom’s Huge Profits

    Telco operator Safaricom Plc. Wednesday announced an improved performance, posting 12.1 percent growth in net earnings in the first six months of the year, despite the Covid-19 concerns.

    The firm saw net profit grow to Sh37.1 billion covering the period between April and September compared to Sh33 billion it announced in a similar period last year.

    It attributed that growth to increased borrowing through Fuliza and improved transactions via Lipa Na Mpesa – avenues that drove M-Pesa revenues.

    M-PESA revenue recorded strong performance growing 45.8 percent following the return of person to person and Lipa Na M-PESA transactions below Sh1, 000 beginning January 2021. Total transaction value grew 51.5 percent to Sh 13.7trillion.

    In March last year, the country’s apex bank, the Central Bank of Kenya (CBK) announced emergency measures to facilitate increased use of mobile money transactions instead of cash, as a way to curb the virus spread.

    The directive saw all M-Pesa transactions of up to Sh1, 000 discharged at no cost. Kenyans sent a high of Sh4.4 trillion for free when the waiver of fees subjected to such transactions were announced between March 16 and December 31 last year on the platform.

    “Innovation in digital financial services has been a key growth driver for M-PESA. We continue leveraging on technological innovation to enhance access to financial services for consumers and enterprise customers,” said Safaricom’s Chief executive Peter Ndegwa.

    Also felt to have contributed to the firm’s impressive earnings, is improving consumer confidence and business activity boosted by COVID-19 vaccination efforts as well as positive macro-economic projections by the World Bank which forecast the GDP to rebound strongly at 6.3 percent by December 2021.

    “In spite of the past year being one with far-reaching changes and extraordinary circumstances given the pandemic, the board is encouraged by the business resilience and recovery trajectory marked by a return to near normalcy,” commented Safaricom’s Board Chairman Michael Joseph.

    The operator has however, highlighted a host of barriers to its operations, citing increasing regulatory scrutiny, taxation- adjusted excise duty on telco products, looming general elections and political risk as well as mounting pressure on currency and consumer spending due to rising inflation, as some of its fears.

    Other include the ongoing conflict and civil unrest in Ethiopia in what the company fears will disrupt its operations in the populous nation.

    Safaricom on Tuesday evacuated some of its employees to Nairobi using commercial flights with more others scheduled to arrive in the country this week.

    The telco, alongside other partners is seeking to start Ethiopia operations next year, and will then gradually reduce Kenyan expertise and build the local workforce as the business grows.

    The debate around the firm’s market dominance also threatens to expose its brand image, even though Safaricom has a huge backing from the regulators Communications Authority (CA) and Competition Authority of Kenya (CAK) amid protest from smaller player.

    Last week for instance, rival subscriber Airtel Kenya Airtel claimed that CA’s unwillingness to declare Safaricom a dominant provider, had made it difficult for the company to compete commercially in the sector.

    In a 15-page presentation to the Senate Committee on ICT, the operator also accused CA of intentionally subscribing favours to Safaricom in spectrum allocation, despite heavily investing on the network to improve.

    Kenyans spent Sh83.2 billion to place bets in the six months to September through Safaricom’s M-Pesa platform alone, underlining the gambling craze that has become a national pastime.

    The telco’s disclosures show that the value of the bets jumped 69 percent from Sh49.2 billion a year earlier.

    Safaricom, the Kenya Revenue Authority (KRA) and betting firms are the biggest beneficiaries of the growth and intensity of betting activities, pocketing billions.

    The telco’s revenue from betting doubled to Sh2.95 billion from Sh1.48 billion. The taxman is estimated to have collected at least Sh6.2 billion from punters using M-Pesa.

    The KRA takes 7.5 percent of the value of bets placed besides 20 percent of winnings and corporate taxes on betting firms.

    The volume of bets funded from M-Pesa accounts surged 84.7 percent to 347.8 million, signalling a growing gambling addiction.

    The growth of betting comes despite the government trying to curb the activity through higher taxation and increased regulations.

    Betting is popular among young people – employed as well as the jobless — who see it as offering a game-like thrill besides an opportunity to make quick money.

    While a few punters get lucky and win large sums of money, the activity represents missed opportunities and losses for participants as a whole.

    The Sh83.2 billion wagered in the six-month period, for instance, is enough to buy 2.05 billion shares of Safaricom, equivalent to a 5.1 percent stake in the country’s most profitable firm.

    Such a stake would earn dividends of about Sh2.8 billion annually, based on the telco’s latest distribution of Sh1.37 per share for the year ended March.

    Betting is now the second-largest business line by revenue under M-Pesa’s payments and betting unit after consumer-to-business (C2B), which generated sales of Sh5.1 billion in the six months to September.

    The disclosures show that betting firms and punters are being charged some of the highest fees by Safaricom compared to other M-Pesa users.

    The full scale of gambling in the country is unclear but the bets funded from M-Pesa account are expected to represent the majority of the activity given the platform’s dominance in personal payments.

    Betting firms are the biggest beneficiaries of the betting craze but all of them are private firms which are not required to make their accounts public.

    A court case pitting the KRA against Pevans East Africa, which pioneered betting in the country using the SportPesa brand, highlighted the big business the company was doing before its operations were scuttled by the taxman.

    Court papers showed that Pevans alone took in bets worth Sh149.7 billion in 2018, making it the second-largest company in Kenya by revenue after Safaricom at the time.

    Pevans told the KRA that it paid out Sh129.6 billion or 86.5 percent of the bets placed in 2018.

    The company said it kept Sh20.1 billion as gross gaming revenue on which Sh4.8 billion worth of betting tax was due.

    It added that it had paid taxes worth Sh3.6 billion, leaving a balance of Sh1.2 billion.

    The taxman is, however, demanding a revised sum of Sh95 billion in what it claims are unpaid taxes by Pevans and which contributed to the cancellation of the company’s gaming licence in July 2019.

    The high margins in betting had attracted more than 100 companies but their number dropped significantly following the 2019 government crackdown and imposition of multiple taxes.

    It recently emerged that some of the gambling activities were being run by unlicensed operators.

    The Betting Control and Licensing Board (BCLB) in September announced that it had suspended 70 M-Pesa pay bill numbers for unlicensed or unauthorised gaming activities run through broadcast channels.

    The BCLB tabled the list during a meeting with the National Assembly’s ICT committee, which had directed BCLB to prove that the unlicensed gaming activities that are being run on radio and TV stations using playbill numbers issued by telecommunications companies were deactivated.

    The BLCB told the committee chaired by William Kisang that it had directed Safaricom to deactivate the pay bill numbers.

    “The board directed Safaricom PLC to suspend the…pay bill numbers on diverse dates between December 2020 and August 2021,” BCLB chief executive Peter Mbugi said.

    He said the 70 pay bill numbers were suspended as at December 22, 2020.

    He added that although BCLB had not conducted any study, it was possible that the gaming activities by the media can have harmful impact on the public, especially children.

    “The board has on several occasions picked this matter with media houses and has also been working with the Communications Authority of Kenya (CA) to curb the unauthorised promotions and advertisements,” he said.

    Mr Mbugi told the ICT team that the board in collaboration with the CA was reviewing the gaming advertisement guidelines and content to address emerging threats.

    The BCLB and the CA acting director-general Mercy Wanjau appeared before the committee to explain the reasons behind the rampant betting and gambling in the broadcast media and its effects to the public.

    The committee said unscrupulous operators had infiltrated the gaming sector.

    Ms Wanjau told MPs that broadcasters were responsible for advertising material transmitted by their stations and must therefore ensure that all advertisements are legal, honest, decent, truthful, and conform to the rules of fair competition.

    Mr Kisang asked the two regulators to furnish the committee with further information regarding the list of media outlets, paybill numbers and the period the operators have been running the paybill numbers.

    The committee has also asked the regulators to furnish it with details on any taxes avoided or evaded by the operators and the status of the crackdown on unscrupulous operators in the gaming sector across the media.

  • Urgent Need To Cushion Kenyans From Rogue Digital Lenders

    Urgent Need To Cushion Kenyans From Rogue Digital Lenders

    The concept of money lending has been in existence for millennia. Since the commencement of trade, human beings have, on occasion, found themselves on economically unequal situations where one cannot always afford to pay for what they need. It is for this reason that in early civilisations, farmers would borrow seeds and repay with grain after their fields yielded a harvest. They would also borrow livestock on the promise that it would be returned upon the arrival of a new calf.

    Over time lending has become more sophisticated which led to the creation of banks which issue loans to borrowers at an interest. The growth of the banking sector necessitated heavy regulation to protect and guide the sectors’ players and to balance risks and opportunities in loan transactions.

    Modern day lending has moved away from the traditional mode where loans were mainly accessible through the banks to digital lending. In Kenya, mobile money services such as M-Pesa and Airtel Money have emerged to offer payment services as well as withdrawal, deposit and transfer of money to consumers through their mobile phones. According to the Communications Authority of Kenya, as of December 2019, mobile subscriptions stood at 53.2 million, with mobile money subscriptions standing at 31.2 million.

    Noting the opportunities available in the mobile phone sector, digital lenders have set up shop in Kenya in droves. They offer quick loans, usually processed within twenty-four hours (sometimes instantly) through mobile phone applications. Once approved, the loans are sent to the borrowers’ mobile money accounts.

    Digital lenders have seen a boom in their business with the chairman of the Digital Lenders Association of Kenya (DLAK) stating, in 2021, that digital lenders were issuing loans of up to Ksh. 4 billion per month before the Covid-19 pandemic. While they have since seen a reduction of this figure to approximately Ksh 2 billion per month, it remains a significantly profitable industry and this begs the question why the Kenyan Government has dragged its feet in the regulation of the sector. Digital lenders have taken advantage of the lack of regulation in Kenya and proceeded to run their businesses as they deem fit to the detriment of consumers.

    One practice that strengthens the calls for strong regulation is the interest and loan fees payable for such transactions. For instance, Tala charges interest rates of between 7% and 17% on any facilities issued to customers for a period of 30 days. OKash on its part charges an interest rate of up to 36% per annum. Branch, another popular digital lender in Kenya, charges interest rates of between 10% and 27% based on the facility amount and the repayment history by the borrower. In comparison, Kenyan banks’ average lending rate as at December 2020 was reported to be approximately 12% per annum.

    The above picture demonstrates that, unlike banks which are highly regulated by the Central Bank, digital lenders have the discretion to determine the interest rate charged to a borrower. In the event of default, some of the digital lenders impose late payment fees which are computed based on the outstanding amount and the duration it remains outstanding. Most consumers are not aware of this at the time of taking of the loan. In most cases, the consumer has an urgent need for cash and is oblivious of the amount repayable as interest or facility fees. It is only upon repayment that the financial burden on the consumer becomes apparent and most of them end up defaulting.

    Digital lenders are quick to remedy defaults to ensure they recover their funds. One of the ways they have adopted is by reporting the borrowers to Credit Reference Bureaus (CRBs) which in effect damages the credit reputation of the borrower. Digital lenders have been known to use CRBs to torment borrowers by listing them thus barring them from accessing credit with any other providers, including commercial banks. According to reports in 2020, CRB listing rose from 2.7 million in 2019 to 3.2 million in 2020 which was attributed to digital lenders. Even when the listing is erroneous or where the borrower makes a full repayment, most digital lenders have poor customer care support teams, and the delisting takes a significant amount of time to be effected. This in turn leads to decreased access to credit on the part of the consumer.

    Data protection has also come to the fore in the digital lending industry. Currently, if a consumer wishes to access a digital loan, they must accept the terms and conditions of use of the application. Some of these terms are unfamiliar to the ordinary consumer and most usually click “Accept” to access the services. In addition, the applications require the user to give certain consents on their mobile phone, including access to text messages and contacts. Initially, this seems harmless. However, in the event of default, consumers have come to realise the hard way that one must give to Caesar what belongs to Caesar. Some digital lenders are known to bombard their clients with messages demanding payment and threatening severe consequences for non-compliance. Some lenders are also known to reach out to third parties who, despite not being listed as guarantors, are requested to intervene and request the borrower to repay their facility. This is not only embarrassing to the borrower but also an invasion of the borrower’s right to privacy.

    In addition, through their access to contact details on a borrower’s phone, digital lenders are also known to target the borrower’s contacts and send them targeted marketing messages. Some of these messages contain clickbait content suggesting that a loan has been approved. This is notwithstanding the fact that the individual has neither an account nor applied for any loan from the provider. This constitutes not only an unethical behaviour but also a violation of data protection laws.

    There have been attempts to regulate the digital lending industry in the recent past. In 2016, the Competition Authority of Kenya directed financial services providers, including digital lenders, to provide details of all charges on their platforms to ensure that the consumer is aware of the charges. In 2018, Treasury published the Financial Markets Conduct Bill which would have regulated digital lenders. Unfortunately, the Bill has never been passed into law due to various contentions on its proposals. In 2020, the Central Bank of Kenya (Amendment) Bill was tabled in Parliament. The object of the Bill is to amend the CBK Act to ensure that CBK regulates the conduct of providers of digital financial products and services. The Bill is yet to be debated and passed by Parliament.

    At present the digital lending market remains unregulated and the persons who are adversely affected are the low-income groups who are easily taken advantage of by the digital lenders. There is need to rein in digital lenders under one regulator who can oversee the sector, license players and bring order to what is currently a chaotic industry where the law of the jungle reigns supreme.

    In the latest positive development, the Data Protection Commissioner Immaculate Kassait has revealed the investigations following complaints over digital lenders who have breached the confidentiality of personal information.

    The firms are accused of resorting to “debt shaming” tactics to recover loans.

    This includes use of debt collection agents pursuing borrowers either by informing their friends and family using contact information scraped from their phones or by threatening to tell their employers.

    The Data Protection Act bars sharing of data with third parties without consent and gives individuals the right to be told when their data is being shared and for what purposes.

    “The Office received complaints from data subjects regarding digital money lending applications. Towards this end, my office has commenced investigations on a total of 67 such complaints in line with the office mandate,” Ms Kassait said without divulging additional information.

    Scores of unregulated microlenders have invested in Kenya’s credit market in response to the growth in demand for quick loans, where borrowers can get loans in minutes via their mobile phones.

    Borrowers share personal information, including their professions and monthly earnings, when registering with digital lenders.

    But besides the pursuit of unpaid loans, digital lenders share personal information with data analysing firms and for marketing.

    The Central Bank of Kenya (CBK) has previously raised concerns about the abuse of the personal data of borrowers and called on lawmakers to fast-track legislation to provide for the regulation of digital lenders.

    Lobbies that had petitioned Parliament during the review of the Bill also said that loan applications are private affairs that should be treated as confidential information.

    Digital lenders have saddled borrowers with high-interest rates, which rise up to 520 percent when annualised, leading to mounting defaults and an ever-ballooning number of defaulters.

    The Data Protection Act further compels firms to disclose to individuals and customers the reasons for collecting their data and ensure that the confidential information is safe from infringement by unauthorised parties.

    Offences under the Data Protection Act attract a fine of up to Sh5 million and or imprisonment for a term not exceeding to 10 years or both.

    “Infringement of provisions of the Kenya Data Protection Act (DPA) will attract a penalty of not more than Sh5 million or, in the case of an undertaking, not more than 1 percent of its annual turnover of the preceding financial year, whichever is lower,” the Act says.

    “Individuals will be liable to a fine not exceeding three million shillings or to an imprisonment term not exceeding ten years, or to both.”

    Scores of unregulated microlenders have invested in Kenya’s credit market in response to the growth in demand for quick loans, where borrowers can get loans in minutes via their mobile phones.

    The firms are accused of resorting to “debt shaming” tactics to recover loans.

    This includes use of debt collection agents pursuing borrowers either by informing their friends and family using contact information scraped from their phones or by threatening to tell their employers.

    The Data Protection Act bars sharing of data with third parties without consent and gives individuals the right to be told when their data is being shared and for what purposes.

    “The Office received complaints from data subjects regarding digital money lending applications. Towards this end, my office has commenced investigations on a total of 67 such complaints in line with the office mandate,” Ms Kassait said without divulging additional information.

  • NCBA And KCB Customers To Have Their Accounts Blocked If They Default On Repaying Fuliza

    NCBA And KCB Customers To Have Their Accounts Blocked If They Default On Repaying Fuliza

    For those who hold bank accounts in NCBA and KCB you might want to pay keen attention to this.

    M-Pesa users who default on their Fuliza loans will have access to their funds in M-Shwari and KCB M-Pesa accounts blocked or used to settle their outstanding balances.

    This is according to an update to the terms and conditions that will give Safaricom the mandate to hold onto users’ funds on the two mobile money accounts in the event users default on the overdraft facility.

    According to the new terms, KCB and NCBA may hold users’ funds in M-Shwari and KCB M-Pesa as collateral and security for any Fuliza loans that are outstanding.

    “You hereby agree and confirm that NCBA and KCB are entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your accounts for so long as and to the extent of the amount outstanding in respect of your loan without KCB or NCBA giving any notice to you and/or without incurring any liability to you whatsoever in that connection,” reads the terms and conditions that come into effect on November 14, 2021.

    The updated terms further indicate that the right to hold on to users’ funds and using the same to offset Fuliza loans will also apply on savings and mobile saving accounts they hold with service providers.

    The new terms also introduce a 1.083 per cent interest rate on Fuliza, whereas previously, the service charged a facility fee of the same amount.

    Safaricom says the updated terms are not new but a standard for banking products.

    “The new terms clarify the fact that Fuliza may be offered across additional M-Pesa products,” Dennis Mbuvi, a communication officer at Safaricom said in response to inquiries.

    “As a financial service, Fuliza is offered by KCB and NCBA as licensed by the Central Bank of Kenya (CBK) hence the lien clause which is standard for banking products and also there in the current terms,” he said.

    This is however the first update Safaricom is making on the terms and conditions of Fuliza since its introduction in January 2019.

    A previous set of terms and conditions from the company’s website makes no mention of the lien clause on KCB M-Pesa accounts or of the 1.083 per cent interest rate.

    The updated terms are expected to cut the rate of loan defaults on Fuliza, discouraging the practice where users rack up outstanding principal and interest repayments and abandon their lines after they default.

    It is also expected to affect users who take loans from Fuliza, KCB M-Pesa and M-Shwari at the same time, relying on savings in their mobile wallets or transaction histories to build their credit score.

    Data from Safaricom’s latest annual report indicates that Fuliza is currently the most lucrative mobile lending product for the firm.

    It recorded a 61 per cent growth in revenue year-on-year to Sh4.5 billion as at the end of the last financial year, and more than 100 per cent growth in daily active users, who stood at 1.4 million daily. The fund disbursed Sh351 billion at the end of the last financial year, up from Sh245 billion last year, with a repayment rate of more than 98 per cent.

    M-Shwari on the other hand recorded 3.9 million active users as of the end of the last financial year, with Sh571 billion in deposits and Sh94 billion in loan disbursements.

    KCB-M-Pesa on the other hand reported a 100 per cent repayment versus disbursement rate while even as revenue and monthly active customers fell by a third in the last financial year.

  • Multi-Billion Fuliza Deal That Split Uhuru And Ruto

    Multi-Billion Fuliza Deal That Split Uhuru And Ruto

    Reports by Citizen Weekly indicated that the differences between the Head of State and his Deputy are not political as many people perceive, but the course of their rift is economical after the two disagreed on the financial firm that was to be picked to roll out Safaricom’s multibillion Fuliza program after the 2017 general elections.

    Inside sources privy to what transpired revealed that President Kenyatta and DP Ruto suggested different banks sponsor the Fuliza deal which gives room to Mpesa users to get an overdraft even if their balance is insufficient.

    The Second in command reportedly fronted Kenya Commercial Bank (KCB) to roll out the program while President Kenyatta together with Baringo Senator Gideon Moi fronted the National Commercial Bank of Africa (NCBA) bank that eventually bagged the deal despite an earlier agreement that KCB would also be included in the Safaricom’s program.

    This raw deal saw Deputy President William Ruto lose billions of money he would have bagged as commissions if KCB was to be included in the fuliza program.

    Reports by Citizen Weekly further indicated that DP Ruto had been made to believe that he was part of the deal during the 2017 electioneering period.

    If the deal went on as planned Safaricom, Kenya Commercial Bank, and NCBA Bank would have introduced the payments interface on M-Pesa which allows customers pre-authorization of transactions for payments to be made later.

    The publication further revealed that DP Ruto spared all his energy to campaign for President Kenyatta to be re-elected with the hope of bagging the billions from the Fuliza deal the cash he was planning to use in his 2022 presidential ambitions, little did he know that he was only being used to help in Uhuru’s campaigns.