Bank to mobile charges are back as High Court declines to extend order

Safaricom will continue to charge its customers transfer fees for transactions between banks and mobile wallets after the High Court declined to extend orders lifting the charges.

Justice Mugure Thande said that the Central Bank of Kenya and other parties are yet to be joined in the proceedings thus they aren’t affected by the case. She also noted that there is another ruling on the same matter pending before another judge awaiting determination.

Senior counsels John Ohaga representing Safaricom and George Oraro representing CBK opposed the extension of the order, asking the Court to lift it.

“There is difficulty in compliance with the order. CBK is yet to be made a party to the case. There are at least three intended respondents who have not yet been joined as respondents. The ruling on the same is pending before Mrima,” Ohaga said.

The case was filed by Moses Wafula who sued Safaricom and the Attorney General. CBK, which regulates the money market was ordered to direct banks as well as Safaricom to suspend the reinstated charges. The charges were suspended as a measure to caution Kenyans on the adverse effects of the Covid-19 pandemic.

CBK announced the reintroduction of the bank to mobile charges in December last year, but they were supposed to take effect starting January 1, 2023

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