Maina

♦️ Advocate of the High Court of Kenya ⚖

🖤 God Above All

[Ekaterina M. Handa @EkaterinaHanda]

Daily Nugget

“A jury consists of twelve persons chosen to decide who has the better lawyer.”
Robert Frost (wry wisdom)

[Ekaterina M. Handa @EkaterinaHanda]

Exhaustion Doctrine Won't Save Banks: A Customer Can Sue the Bank Directly for Unlawful CRB Listing

Bank of Africa Kenya Ltd v Miano KEHC 13565 - Judgment by Sergon J, 17th Sept 2026, Nakuru

This one matters to everyone with a loan, a salary check-off, or an M-Shwari limit. It’s not just about one borrower. It’s about how banks treat your name.

SUMMARY

Francis Miano took a Kshs. 780,000 loan from Bank of Africa, repayable over 72 months through his employer. The Bank said his employer was late in remitting, so his account was in arrears. It reported him to Metropol CRB.

Miano’s version: He was paying via salary. Without warning, the Bank closed his original account, opened a new one- Account No. 0008049720055, and used THAT new account to blacklist him. No call. No letter. No notice.

He only discovered it when Unaitas Sacco rejected his loan application. He sued in Nakuru CM Court No. 598 of 2018. He won. Kshs. 200,000 damages. The Bank appealed.

On 17th September 2026, the High Court dismissed the Bank’s appeal entirely.

WHY THIS JUDGMENT IS A BIG DEAL

For years banks have hidden behind two excuses:

1. “We are required by law to report you under Section 31 Banking Act."
2. “Go complain to Metropol, not us."

Sergon J has dismantled both.

LESSONS FOR BANKS & RIGHTS FOR CUSTOMERS

1. The right to report you is not absolute. It is conditional.

Yes, banks can and must share credit information under the Banking Act and Regulation 18 & 50. But Regulation 25(1) is clear: You must be given 30 days NOTICE before negative information is sent. Regulation 25(8): You must be told AFTER it is sent. The Court called these rules "not ornamental." Bank of Africa could not produce any notice- no date, no content, no proof of service. That alone killed its case.

2. Arrears ≠ Accuracy.
The Bank kept saying "but he was in arrears." The Court said: That’s not the question. The question is, was the information you sent ACCURATE? You listed him on an account he says he never knew existed. You never linked that second account to his original facility. If you claim accuracy, prove it.

3. You cannot outsource blame to Metropol.
Metropol is a separate company, true. But the Court said Metropol only processed what the Bank supplied. The sin was committed when the Bank pressed "send." The Bank answers for what it supplies.

4. You don’t have to beg the CRB first before suing your bank.
The Bank argued Miano should have used the CRB dispute process under Reg 20 & 35. The Court: That process is for disputing what the Bureau holds. It does NOT shield a bank that breached its own duty. Miano had already complained to the Bank. The Bank said "we will investigate" and did nothing. He was entitled to go to court.

5. Your credit reputation has value, even if you can’t prove you lost land.
The trial court rejected his claim that he lost a land deal because he didn’t prove it. But it still gave him Kshs. 200,000 for injury to his credit standing, embarrassment, and distress. The High Court upheld it as within range. Message: You don’t need a title deed to prove your name was damaged.

THE BOTTOM LINE FOR THE PUBLIC

If you have ever checked your phone and found you are blacklisted, this case is your shield.

A bank must:
a) Tell you before it lists you
b) Tell you after it lists you
c) Prove the debt is yours and the figure is accurate
d) Keep proof of that notice

If it doesn’t, the listing is unlawful ab initio- void from the start, and you can get damages.

THE BOTTOM LINE FOR ADVOCATES & BANKERS

Stop pleading "statutory duty" without pleading compliance with Regulation 25. The Court wants to see: Date of notice, mode of service, contents. And stop hiding behind Reg 20 exhaustion. Where the complaint is about the bank’s own furnishing of data, a direct suit lies.

Also, Section 31(5) Banking Act protection is qualified immunity - good faith + accuracy + proper purpose. No notice + unexplained second account = no good faith.

Appeal dismissed

[Maina @jbmainah]

@OdiwuorKorimbas 😂😂

[Maina @jbmainah]

@Gitz__ 😂😂

[Maina @jbmainah]

@daweed_004 Pembe mi wapi😂😂

[Maina @jbmainah]

@kipsigisbabes 😂😂

[Maina @jbmainah]

Carrick ball

[utdreport @utdreport]

Manchester United’s out-of-possession stats in the PL this season:

- 20th in distance at high intensity
- 20th in time spent at high intensity
- 20th in sprints
- 20th in time sprinting
- 17th in % of time walking out of possession

[sky]

[Maina @jbmainah]

@Mukami_writes Congratulations

[Maina @jbmainah]

Kariuki is cooked 😂😂

[utdreport @utdreport]

#mufc’s next ten fixtures:

What are your thoughts?

[Maina @jbmainah]

@jamrick_ Rashford has been shit from 2020😂😂

[Maina @jbmainah]

@Its_Roddie Even lower table teams nowadays wanaguza game mbaya

[Maina @jbmainah]

@jamrick_ 😂😂

[Maina @jbmainah]

This Carrick guy is actually trash 😭😂

With my FC25 & FC26 managerial CV, I can transform this team better than Carrick could ever dream of. Promoted Swansea United, won multiple Premier League titles, lifted the Champions League…

#CarrickOut

[Maina @jbmainah]

@coolkid__8 If you ever trusted Carrick then your football IW iko chini sana

[Maina @jbmainah]

At this point, I’m supporting whoever Man United is playing until Carrick and Rashford leave this team.

[Maina @jbmainah]

So Man United’s sole tactics are basically: spam long balls and pray Mbeumo or Rashford wins the race on the counter 😂😂

Michael Carrick really said, “Let me bring back the 1997/98 tactics..". Someone tell him we're in 2026.

#FULvsMUN #CarrickOut

[Maina @jbmainah]

@Oltina17 You wish

[Maina @jbmainah]

@Oltina17 😂😂

[Maina @jbmainah]

@a_owar How was it?

[Maina @jbmainah]

@livin_omanga 😂😂