The Banking Insurance and Finance Union has won a battle of more than a decade after Kenya Revenue Authority (KRA) was ordered to start implementing a check-off system and remit deductions to the union.
In a judgement, three judges of the appellate court overturned a 2008 decision by High Court Judge George Dulu.
They said the finding of the judge that KRA was not a financial institution, which fell within the remit of the union’s mandate, was not set out anywhere in KRA’s affidavit.
The judges added that the taxman did not advance it as a reason for refusal to comply with a directive of the Registrar of Trade Unions on July 22, 2004 urging them to start remitting the deductions.
“The provision required the learned judge to be satisfied with the employer’s reasons, but it was not for the court, out of creativity and craft, to establish a reason upon which to decline to grant the order sought, even though the reason relied upon may well be correct,” the judges said.
Justices Philip Waki, Mohamed Warsame and Agnes Murgor added that there was nothing that was presented to the court, and there was no material upon which the court could rely to satisfy itself that KRA ought not to comply with the registrar’s notice, asking them to start the check-off system.
“We are satisfied that the learned judge took into account matters that he ought not to have considered, and in so doing arrived at the wrong conclusion,” they added.
The union through lawyer Judith Guserwa moved to court in 2004 after KRA refused to implement the check-off system.
Ms Guserwa said pursuant to its mandate, it had recruited over 900 employees of the KRA and had been provided with approval by the Minister for Labour and Human Resource Development to receive deductions from their members.
But she said KRA failed to honour the directions of the registrar of which it is bound to comply. She added that KRA could not continue to deny the union its right to its members’ union dues.
In opposition, KRA through lawyer J. K. Mwangi said it was opposed to implementing the check-off system because of an existing rivalry between BIFU and the Kenya Union of Commercial Food And Allied Workers (KUCFAW), which had also been pursuing the recruitment of its employees to their union.
Ms Guserwa faulted judge Dulu saying he misdirected himself in arriving at a decision that was not before the court. The issue was whether the respondent had members in its union, and if so, whether the respondent should implement the check-off system.
World Bank pushes G-20 to extend debt relief to 2021
World Bank Group President David Malpass has urged the Group of 20 rich countries to extend the time frame of the Debt Service Suspension Initiative(DSSI) through the end of 2021, calling it one of the key factors in strengthening global recovery.
“I urge you to extend the time frame of the DSSI through the end of 2021 and commit to giving the initiative as broad a scope as possible,” said Malpass.
He made these remarks at last week’s virtual G20 Finance Ministers and Central Bank Governors Meeting.
The World Bank Chief said the COVID-19 pandemic has triggered the deepest global recession in decades and what may turn out to be one of the most unequal in terms of impact.
People in developing countries are particularly hard hit by capital outflows, declines in remittances, the collapse of informal labor markets, and social safety nets that are much less robust than in the advanced economies.
For the poorest countries, poverty is rising rapidly, median incomes are falling and growth is deeply negative.
Debt burdens, already unsustainable for many countries, are rising to crisis levels.
“The situation in developing countries is increasingly desperate. Time is short. We need to take action quickly on debt suspension, debt reduction, debt resolution mechanisms and debt transparency,” said Malpass.
Kenya’s Central Bank Drafts New Laws to Regulate Non-Bank Digital Loans
The Central Bank of Kenya (CBK) will regulate interest rates charged on mobile loans by digital lending platforms if amendments on the Central bank of Kenya Act pass to law. The amendments will require digital lenders to seek approval from CBK before launching new products or changing interest rates on loans among other charges, just like commercial banks.
“The principal objective of this bill is to amend the Central bank of Kenya Act to regulate the conduct of providers of digital financial products and services,” reads a notice on the bill. “CBK will have an obligation of ensuring that there is fair and non-discriminatory marketplace access to credit.”
According to Business Daily, the legislation will also enable the Central Bank to monitor non-performing loans, capping the limit at not twice the amount of the defaulted loan while protecting consumers from predatory lending by digital loan platforms.
Tighter Reins on Platforms for Mobile Loans
The legislation will boost efforts to protect customers, building upon a previous gazette notice that blocked lenders from blacklisting non-performing loans below Ksh 1000. The CBK also withdrew submissions of unregulated mobile loan platforms into Credit Reference Bureau. The withdrawal came after complaints of misuse over data in the Credit Information Sharing (CIS) System available for lenders.
Last year, Kenya had over 49 platforms providing mobile loans, taking advantage of regulation gaps to charge obscene rates as high as 150% a year. While most platforms allow borrowers to prepay within a month, creditors still pay the full amount plus interest.
Amendments in the CBK Act will help shield consumers from high-interest rates as well as offer transparency on terms of digital loans.
Scope Markets Kenya customers to have instant access to global financial markets
NAIROBI, Kenya, Jul 20 – Clients trading through the Scope Markets Kenya trading platform will get instant access to global financial markets and wider investment options.
This follows the launch of a new Scope Markets app, available on both the Google PlayStore and IOS Apple Store.
The Scope Markets app offers clients over 500 investment opportunities across global financial markets.
The Scope Markets app has a brand new user interface that is very user friendly, following feedback from customers.
The application offers real-time quotes; newsfeeds; research facilities, and a chat feature which enables a customer to make direct contact with the Customer Service Team during trading days (Monday to Friday).
The platform also offers an enhanced client interface including catering for those who trade at night.
The client will get instant access to several asset classes in the global financial markets including; Single Stocks CFDs (US, UK, EU) such as Facebook, Amazon, Apple, Netflix and Google, BP, Carrefour; Indices (Nasdaq, FTSE UK), Metals (Gold, Silver); Currencies (60+ Pairs), Commodities (Oil, Natural Gas).
The launch is part of Scope Markets Kenya strategy of enriching the customer experience while offering clients access to global trading opportunities.
Scope Markets Kenya CEO, Kevin Ng’ang’a observed, “the Sope Markets app is very easy to use especially when executing trades. Customers are at the heart of everything we do. We designed the Scope Markets app with the customer experience in mind as we seek to respond to feedback from our customers.”
He added that enhancing the client experience builds upon the robust trading platform, Meta Trader 5, unveiled in 2019, enabling Scope Markets Kenya to broaden the asset classes available on the trading platform.