The Appeal Court has given orders barring an High Court ruling delivered in September last year which nullified the Banking (Credit Reference Bureau-CRB) Regulations 2020 pending the hearing and determination of the appeal case filed by the Central Bank of Kenya (CBK).
The implication is that Saccos are now free to share members’ details with CRB.
The ruling was issued through an order on February 9, 2024 by a three judge-bench comprising of Justices Asike Makhandia, Mumbi Ngugi, and Mwaniki Gachoka.
“We accordingly allow the application and grant an order that the declaration issued by the High Court that the Banking (Credit Reference Bureau) Regulations 2020 are null and void for non-compliance with section 11 of the Statutory Instruments Act 2013 be and is hereby suspended pending the hearing and determination of the applicant’s appeal,” read the orders in part.
CBK had appealed the High Court ruling, arguing that if the regulations are nullified it would not be in a position to regulate CRBs and the financial system in the country as outlined in the Constitution.
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Additionally, CBK noted that with the ruling, three gaps emerged; the minimum threshold for negative credit sharing information submitted to CRBs, granting CRB clearance to first-time job seekers and onboarding to Saccos, and other financial services sector players into the Credit Information Sharing framework.
“The applicant seeks that pending the hearing and determination of its appeal, this Court issues an order to suspend the declaration issued by the High Court,” the ruling goes on.
As per the 2020 regulations, Saccos were allowed to submit borrowers’ information to CRBs and receive credit reports directly. CBK introduced the new regulations to streamline the sector and protect Kenyans from predatory lenders.
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In 2022, there was a similar move to compel Saccos to share information with CRB in a move to curb thousands of loan defaulters who move from one Sacco to the next.
This was to be achieved through the Sacco Societies (Amendment) Bill that wanted to overhaul how Saccos operate and align the Sacco Societies Act 2008 with the Banking Act and the Microfinance Act 2006, bringing credit information sharing under a single regulatory framework – the CRBs.
Currently, Saccos are obliged to share positive credit information among themselves, but only share data with CRBs under the third parties category.
By our reporter
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