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Kenya’s Small Claims Court applied the in duplum rule to a MOGO Kenya loan, calling a KSh 976,750 demand on KSh 400,000 unlawful.
A Kenyan borrower challenged a repayment demand from MOGO Kenya after taking a KSh 400,000 loan. MOGO Kenya had issued a demand of KSh 976,750.
The Small Claims Court found that the demand breached the in duplum principle. In duplum is a consumer protection rule used in lending, it means once unpaid interest equals the original principal, more interest should not keep piling up.
By applying this cap, the court reduced what the borrower was required to pay. The decision is another signal that Kenyan courts are willing to scrutinise digital credit and asset financing repayment schedules, especially where interest and fees escalate quickly.
For borrowers, this ruling reinforces that court-backed limits exist on how high interest can grow on a defaulted loan. It can also encourage more consumers to dispute aggressive demands, instead of accepting them as final.
For lenders and credit startups, the case raises compliance risk. Loan contracts, penalty fees, and collection demands need to reflect the in duplum rule and other lending safeguards. If not, a lender may win the principal but lose part of the interest in court.
For the wider fintech and credit market in Kenya, decisions like this can affect underwriting, pricing, and collections strategy. It may push lenders to tighten affordability checks and improve transparency, so borrowers understand the total cost of credit before signing.
Primary Source: Top News Kenya
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