What everyone needs to know about borrowing in Kenya

[vc_row][vc_column width=”2/3″][vc_column_text]A few weeks ago I received a random text message from a credit reference bureau: “URGENT: This is to notify you of some NEW information on your CREDIT BUREAU records. Send URGENT to 21272 to check now.” (Sic).

It certainly got my attention, and I did exactly as I was exhorted to. I received the credit report on email and discovered that erroneous information had been sent by my bank to the bureau. Did I say erroneous? It was downright wrong. The report related to a six year old dispute on a credit card that in my view had been resolved and forgotten about two years ago. But somehow the dispute resolution slipped through the cracks and 2 years later my name was sent to the credit reference bureau as a defaulter. I bristled in anger. A negative report meant that my personal credit rating would be affected and this would impact on any future borrowing that I may consider undertaking. It also meant that any position for which I would be considered for that requires a positive credit report would be compromised. (A negative credit rating is a mortal sin right below being an adjudged bankrupt in the ten commandments of self-respecting citizens.)

The vein on my right temple throbbed furiously as my legal training kicked in: Never go to a gun battle armed with a toothpick. I googled and found the Credit Reference Bureau (CRB) Regulations 2013, issued by the Cabinet Secretary for the National Treasury and gazzetted on 17th January 2014. A slightly lengthy document that isn’t your staple bedside reading, but one that is certainly pertinent for anyone who uses banking services in Kenya. The regulations were created to provide a legal framework for the provision of critical information on the financial behavior of individuals and businesses in the country. The regulations extensively provide guidelines on how credit information should be shared. Why should this interest you? As a consumer of banking services, your bank holds in its puissant hands the power to destroy your reputation with one flick of a button: SEND. A bounced cheque, a defaulted loan or credit card, an account on an overdrawn status., the examples are numerous. But the bank is well within its rights to let its industry brethren know that you are not worthy of the fake leather shoes that you are strutting about in pretending to subscribe to the ten commandments hereinabove mentioned. As a consumer, you are also well within your rights to know who is sending information about you, and the nature of that information. And since the regulations were most likely drafted by ordinary mortals who have experienced the aftermath of a financial peccadillo or two, they took care of that exact fact under Section 50 (1) which reads “ An institution shall (a) notify the customer within one month before a loan becomes non-performing that the institution shall submit to a Bureau the information on the loan immediately it becomes non performing.” I bet you’re sitting at the edge of your seat waiting for me to tell you that I received that awe-inspiring letter from my bank. Well, hang on to your hats a little bit. Section 50 (1) (b) highlights my bank’s obligations to me even further by saying that it should “notify each customer, within thirty days of the first listing, that his name has been submitted to all licensed Bureaus.” Can you hear that? Exactly! What you hear are chirping crickets, because I received absolutely nothing. If it wasn’t for that CRB’s urgent message – of which I have no doubt was motivated to ensure I sent a highly priced text message to request for a “free” report – I would never have known that I was in trouble.

But this story does indeed have a happy ending. Since I knew who exactly needed to receive a sweetly worded missive reflecting my umbrage at the misinformation that was now circulating at CRBs, I got to typing my slight displeasure (please apply sarcasm font as you read this part). A few calls and emails later, my bank quickly rectified the situation and sent a delete record request to the CRBs followed by a profuse apology for which I am grateful for the kind attention that they gave. But they did it because I knew exactly who to send flowery emails to. Not everyone else does.

Two years ago a company that had borrowed funds from a bank, against which a close friend who we shall call Jane had signed personal guarantees as a co-director, underwent some financial distress. The loan was eventually repaid in full. A full year after that loan was repaid, said bank sent a report to the CRBs that succinctly stated that while there was no loan outstanding, Jane had a history of default. Not the company, mind you, Jane specifically. There was zero communication from that bank that they were sending a negative report, and I can’t say I blame them. How do you draft that letter? “Dear Jane, remember that loan for Company X that you signed a personal guarantee for? It was repaid in full last year. But our grubby fingers are itching to hit the SEND button so we feel now is a good time to let all the CRBs in Kenya know that a company you are associated with underwent stress, but the loan was repaid in full. Please don’t catch feelings, it’s never that serious. Yours truly, Totus Ignoramus.”

The next time you see a message titled URGENT from a CRB, it’s not from the thoroughly bored chaps over at Kamiti Maximum Call Centre. It needs your urgent attention. Your bank is talking about you behind your back. Assuming they are doing what the above two banks are doing, it’s likely that they are not informing you. Girdle your loins and ask for your report. Then brace yourself for what you might find.

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Banking Crisis in Africa

[vc_row][vc_column width=”2/3″][vc_column_text]A few weeks ago, I quoted extensively from a speech given by the former Nigerian Central Bank Governor, Lamido Sanusi, in February 2010 where he was explaining, with painful honesty what had gone wrong in the Nigerian banking industry following the global financial crisis which impacted the Nigerian economy hard. He could have been describing the Kenyan industry in many ways. Do we have a problem in Africa? Do we have a problem distinguishing customer deposits, from revenue? And further, distinguishing revenue from profits? The fact is that banks have only one product: cold, hard cash. That’s all that they deal with, and therefore a great responsibility is placed upon them as that cash, with the exception of the capital that shareholders put in, is largely from our pockets. Our sweat, blood and tears in the form of salaries, business revenues and savings is what we place in the hands of total strangers, believing with every fibre of our native beings that they will make it available to us as and when we need it. We trust that the management of these banks will make the distinction between what belongs to us and what belongs to them. A distinction that is clearly difficult to make once a rogue management crosses to the dark side. Sanusi explains the Nigerian experience thus:
“The original title of this paper was “Transformative Disruption: Relocating theNigerian Banking Crisis from the Economic to the Social.” The choice of title
was informed by a strong desire to articulate a correct narrative, in an
environment in which we are confronted by a multi-vocal opportunism
determined to subvert history through the fabrication of false narratives.
Among these, is the assertion that the actions taken by the Central bank are
part of a grandiose “northern” agenda against southern Nigeria. Or that
perhaps it is an “Islamic” agenda being pushed by a Muslim fundamentalist.
There are also other subtler and more sophisticated-albeit just as
opportunistic-narratives. For example the new claim by public officers and
politicians that there is really no corruption in the public service, that
politicians are not corrupt, and that the real corruption is only in banks.
What we have done in the Central bank, is to fire the opening salvo in what could potentially be a revolutionary battle against the nexus of money and influence that has held this country to ransom for decades. This would not be the first time banks
collapse nor are brought to the brink in our national history. And it will certainly
not be the last. But this time there is a difference.
In previous crises we said some banks had failed a passive and complicit
phrase that masked a gross irresponsibility and crass insensitivity. “The bankhas failed”.

……And that is exactly what happens when we refer to “failed banks” as if the
bank itself, some impersonal structure made up of branches and computers,
somehow collapsed on its own. By using-or abusing- the term “failed bank” we
are able to mask what is almost always a monumental fraud. But it is a
deliberate act of prestidigitation. Thousands of poor people, who have kept their life savings in the bank, lose it. Children’s school fees, savings for retirement, medical bills, gone into thin air. And who is to blame? No one really. Or maybe the poor people who were foolish enough to keep their money in a bank that “failed”.
How many people have died of heart attacks due to this tragedy? How many
honest businessmen have been rendered bankrupt? How many people have
committed suicide? How many have died because they were unable to pay
medical bills as their monies were trapped in these institutions? How many
children have dropped out of school? We do not know. Because we live in a
society in which they do not matter. They are anonymous. They are poor.
What we do know is that we have today, among those parading themselves
as role models in society, people who profited from failed banks. Owners and
managers who go on to become governors and senators. Bad debtors who
are multi- billionaires, having taken the money belonging to those poor dead
souls and not paid back.
So here is the reality. The owners and managers of banks, the rich borrowers
and their clients in the political establishment are one and the same class of
people protecting their interest, and trampling underneath their feet the
interest of the poor with impunity.
So this time we turned the tables and said “enough is enough”. The banks did
not fail. They were destroyed and brought to their knees by acts committed by
identifiable people. Do not say that government money has been
stolen. Name the thief. And so, in keeping with that tradition, we did not say
that banks had failed. We named human beings-the management that stole
money in the name of borrowing, the gamblers that took depositors funds to
speculate on the stock market and manipulate share prices, the billionaires
and captains of industry whose wealth actually was money belonging to the
poor which they “borrowed” and refused to pay back.
Fortunately, the President, Umaru Musa Yar’Adua, understood from the first
day that this was an ideological choice we had to make. We could side with
the rich and powerful, and say the banks had failed. Or we could side with the
poor and save the banks but go after the criminals. And we chose the latter.”

That KCB has swung in to provide much needed stability in the wake of the Chase Bank fiasco is nothing short of a miracle pill engineered by Kenya’s Central Bank Governor. But this is not the time to exhale from a dodged bullet. There’s blood in the water and significant public goodwill to see the elite “financial accounting wizards” get what they deserve. A nice room with enough light that will allow them far more time to sit and reflect on the distinction between deposits, revenues and profits.

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]