The High Court has issued temporary orders preventing reinstatement fees for bank and mobile
money transactions.
Judge Mugure Thande of the Milimani Law Court handed down the ruling in response to an
application made by a man named Moses Wafula.
In anticipation of the hearing and decision on a petition against the return of the fees by mobile
money companies, the court issued the orders on Thursday.
The subject will be mentioned in court on January 23, 2023.
Moses Wafula, the petitioner in the lawsuit, claims that reinstatement fees for the bank and
mobile money wallet transactions violate both his and the public’s rights.
“The Applicant contends that his rights and the rights of other members of the public have been
violated, infringed and continues to be threatened by the 1st Respondent herein and the
Government of Kenya in view of the directive issued by the Intended 3rd Respondent on
December 6 2022,” reads court documents.
The petition was filed last year after a notice was issued by the Central Bank of Kenya
announcing the reintroduction of the charges effective January 1, 2023.
Following a notice from the Central Bank of Kenya that the charges would be reinstated as of
January 1, 2023, the petition was submitted last year.
In March 2020, the transaction fees were eliminated as part of Covid-19’s emergency steps to
lower living expenses.
The new fees that would go into effect, according to a press statement from CBK on December
6, would be lower than the fees that were in place before to the emergency measure.
“The revised maximum charges for transfers from bank accounts to mobile money wallets will
be reduced by on average up to 61 per cent, and mobile money wallet to bank account by on
average up to 47 per cent,” CBK said.
