Bank or Mobile Money Fees Charged Without Disclosure
A financial institution charges fees or deductions that were not clearly disclosed before the transaction
Premiumintermediate8 minutes
The Situation
What They Said
“A maintenance fee, transaction levy, and excise duty have been deducted from your account this month — these are standard charges.”
Your bank, SACCO, mobile money provider, or microfinance institution deducts fees from your account or loan that were not clearly disclosed to you before the transaction. These may be account maintenance fees, transaction processing fees, government levies passed on without explanation, or insurance premiums on mobile loans. Many Kenyans discover deductions only when their balance is lower than expected — and are told the charges are 'standard' or 'in the terms and conditions' they signed without being explained to them.
The Fallacy
Fine Print Equals Full Disclosure
The institution treats reference to terms and conditions — however long, technical, or buried — as satisfying their disclosure obligation. Kenya's consumer and banking regulations require that fees be disclosed clearly, prominently, and in a way the consumer can actually understand before the transaction takes place. Hiding fees in pages of fine print, disclosing them only in technical language, or disclosing them after the account is already open does not meet the legal standard of meaningful disclosure.
What the Law Says
Your Legal Foundation
Consumer Protection Act, 2012 (No. 46 of 2012)
Section 23 and 24 — Right to Disclosure and Plain Language
“A supplier must provide a consumer, before or at the time of entering into an agreement, with all information that is material to the agreement in plain and understandable language. Any term, condition, notice or communication that is not in plain language is void to the extent of its ambiguity or complexity.”
Fees buried in complex terms and conditions that were not explained in plain language before you signed may be unenforceable. If you were not clearly told about a specific fee before the transaction, you can dispute it on the basis that it was not properly disclosed.
Banking Act (Cap. 488) and Central Bank of Kenya Prudential Guidelines
CBK Consumer Protection Guidelines (2013) — Guideline 4 — Transparency and Disclosure of Fees
“Licensed institutions shall provide customers with a clear and complete schedule of all fees and charges prior to account opening. All fees shall be disclosed in Kenya Shillings and in clear, simple language. Customers must be notified in advance of any changes to fees.”
CBK guidelines require that your bank give you a complete fee schedule before account opening and notify you before changing fees. If undisclosed fees were charged, you can complain to your bank, and if unresolved, escalate to the Central Bank of Kenya's consumer protection unit.
What Scripture Says
God's Word on This
Matthew 5:37 (NIV)
“All you need to say is simply 'Yes' or 'No'; anything beyond this comes from the evil one.”
Jesus's teaching on simple, transparent speech applies in commerce — agreements should be clear about what is owed and what will be taken. A financial institution that buries its costs in language designed to obscure rather than illuminate is acting against the spirit of honest dealing that Scripture demands. You have a right to know in plain terms what you are agreeing to pay.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “You agreed to the terms when you downloaded the app and clicked 'Accept'.”
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They might say: “We sent you an SMS last month notifying you of the fee change.”
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149 South African rights scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start with 2 full domains.