KENYA Law and Practice Contributed by: Sammy Ndolo, Njeri Wagacha, Brian Muchiri and Valere Nyaboke, Cliffe Dekker Hofmeyr
• if it engages in fraud, gross negligence, or inten - tional misconduct, leading directly to financial harm or loss to customers; • if it breaches contractual obligations, particularly when customer agreements or consumer protec - tion laws have been violated; or • for failure to comply with regulatory obligations, including licensing requirements, data protection standards, and cybersecurity obligations.
In such cases, customers may seek remedies, includ - ing compensation for financial losses, refunds, or other legal sanctions. Regulators such as the CBK, Competition Authority of Kenya, and Office of the Data Protection Commissioner can impose fines, regulatory sanctions, or require customer compensation. Customers affected by fraudulent or negligent activi - ties by fintech providers also have the option to file complaints with regulators or seek legal redress through Kenyan courts.
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