How to get instant loan on KCB Mpesa
KCB Mpesa Account is a savings account launchd in partnership between Safarisom and KCB that enables mobile users to access instant KCB Mpesa Loan up to Kshs.1M upon dialing *844#.
Requirements
Be a registered Safaricom Mpesa customer.
Have an active Safaricom Mpesa account.
Hold any one of the following Kenyan National ID, Kenyan Passport, Alien ID, Diplomatic ID(Registered on IPRS), Military ID.
KCB Mpesa Terms and Conditions
TERMS AND CONDITIONS FOR THE KCB M-PESA ACCOUNT
1. THE AGREEMENT
1.1. This Agreement sets out the complete Terms and conditions (hereinafter called "these Terms
and conditions") which shall be applicable to the KCB M-PESA Account (as hereinafter
defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).
1.2. These Terms and conditions and any amendments or variations thereto take effect on their
date of publication.
2. DEFINITIONS
2.1. In these Terms and conditions the following words and expressions (save where the context
requires otherwise) bear the following meanings:
2.1.1. “Bank” means Kenya Commercial Bank Limited incorporated in Kenya as a limited
liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and
duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya) and
includes subsidiaries of the Bank as may from time to time be specified by the Bank to
you;
2.1.2. “Credit Reference Bureau” means a credit reference bureau duly licensed under the
Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as
amended, revised or promulgated from time to time, to inter alia, collect and facilitate
the sharing of customer credit information;
2.1.3. “Customer” means the person in whose name the KCB M-PESA Account with the Bank is
existing;
2.1.4. “Customer Care Centre” means any Safaricom Retail Shops or Bank Branch or such
other Bank Agent or Agents as may be notified to the Customer by the Bank from time
to time;
2.1.5. “E-Money” means the electronic monetary value depicted in your M-PESA Account
representing an equal amount of cash;
2.1.6. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment
which when used together enables you to access the Network;
2.1.7. “IPRS” means the Integrated Population Registration System set up and maintained by
the Government of Kenya under the Ministry of State for Immigration and Registration of
Persons and its successors;
2.1.8. “KCB M-PESA Account” means a bank account held by a Customer with the Bank and
which is opened and operated in accordance with the terms and conditions herein
contained;
2.1.9. “KCB M-PESA Products” means the other Bank accounts, products or services offered to
the Customer to complement the KCB M-PESA Account;
2.1.10. “KCB M-PESA Menu” means the KCB M-PESA Menu on the M-PESA System;
2.1.11. “KCB M-PESA Loan Menu” means the KCB M-PESA Loan Menu on the M-PESA System;
2.1.12. “M-PESA Account” means your mobile money store of value, being the record
maintained by Safaricom of the amount of E-Money from time to time held by you in the
M-PESA System;
2.1.13. “M-PESA Service” means the money transfer and payments service provided by
Safaricom through the M-PESA System;
2.1.14. “M-PESA System” means the system operated by Safaricom in Kenya for the provision
of the M-PESA Service using the Network;
2.1.15. " KCB M-PESA PIN" means your personal identification number being the secret code
used to access and operate the KCB M-PESA Account;
2.1.16. “M-PESA Subscriber” means any person registered to use the M-PESA System to send or
receive money or make payments;
2.1.17. “Network” means the mobile cellular network operated by Safaricom;
2.1.18. “Request” means a request or instruction received by the Bank from you or purportedly
from you through the Network and the System and upon which the Bank is authorized to
act;
2.1.19. “Safaricom” means Safaricom Limited incorporated in Kenya as a limited liability
company under the Companies Act (Cap 486 of the Laws of Kenya);
2.1.20. “Services” shall include any form of financial services or products that the Bank may
offer you pursuant to this Agreement and as you may from time to time subscribe to
and “Service” shall be construed accordingly;
2.1.21. “SIM Card” means the subscriber identity module which when used with the
appropriate mobile phone handset enables you to access the Network and to use the
M-PESA and KCB M-PESA System;
2.1.22. “SMS” means a short message service consisting of a text message transmitted from one
mobile phone to another;
2.1.23. “System” means the Bank’s electronic banking and communications software enabling
the Customer to communicate with the Bank for purposes of the Services. The System
and the Services will for the purpose of this Agreement be accessed through the
Safaricom System;
2.1.24. “Transaction Fees” includes the any fees and charges payable for the use of the
Services as published by the Bank on the Bank’s website and/or Safaricom’s website
and/or the daily newspapers in Kenya or by such other means as the Bank shall in its sole
discretion determine. Transaction Fees are subject to change at any time at the Bank’s
sole discretion;
2.1.25. “We,” “our,” and “us,” means the Bank and includes the successors and assigns of the
Bank;
2.1.26. “You” or “your” means the Customer and includes the personal representatives of the
Customer;
2.1.27. The word “Customer” shall include both the masculine and the feminine gender as well
as juristic persons;
2.1.28. Words importing the singular meaning where the context so admits include the plural
meaning and vice versa.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Before applying to open the KCB M-PESA Account via the M-PESA System you should
carefully read and understand these Terms and conditions which will govern the use and
operation of the KCB M-PESA Account.
3.2. If you do not agree with these Terms and conditions, please click “Decline” on the KCB MPESA
Menu.
3.3. You will be deemed to have read, understood and accepted these Terms and conditions:-
3.3.1. upon clicking on the “Accept” option on the KCB M-PESA Menu requesting you to
confirm that you have read, understood and agreed to abide with these Terms and
Conditions; and/or
3.3.2. by using or continuing to use and operate the KCB M-PESA Account and/or the Services.
3.4. By applying to open the KCB M-PESA Account with the Bank, you agree to comply with and
be bound by these Terms and conditions for the time being and from time to time in force
governing the operation of the KCB M-PESA Account and you affirm that these Terms and
conditions herein are without prejudice to any right that the Bank may have with respect to
the KCB M-PESA Account in law or otherwise.
3.5. These Terms and Conditions may be amended or varied by the Bank from time to time and
the continued use of your KCB M-PESA Account and/or the Services constitutes your
agreement to be bound by the terms of any such amendment or variation.
3.6. You acknowledge and accept that the Bank offers the KCB M-PESA Account and the
Services through KCB Branches, Safaricom Outlets, KCB Agency Banking Outlets and
electronic means. You agree to do business with the Bank and to operate the KCB M-PESA
Account and access the Services via the KCB M-PESA Menu on the M-PESA System. Any
query and complaint you may have relating to your KCB M-PESA Account and/or the
Services shall be addressed to the Bank through the Customer Care Centre. For the
avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled
to receive or demand the Services pertaining to the KCB M-PESA Account at any branch or
branches of the Bank unless otherwise advised by the Bank in its sole discretion.
4. ACCOUNT OPENING
4.1. In order to open a KCB M-PESA Account with the Bank, you must be at least 18 years old
and a registered and active M-PESA Subscriber for at least six (6) months immediately
preceding the date of your application. The Bank reserves the right to verify with Safaricom
the authenticity and status of your M-PESA Account.
4.2. You may open a KCB M-PESA Account solely by way of an electronic application made by
you using your Equipment via the KCB M-PESA Menu on the Safaricom System.
4.3. You hereby agree and authorize the Bank to request Safaricom for your personal
information held by Safaricom pursuant to the agreement between you and Safaricom for
the provision of Safaricom products and services and M-PESA Service including your phone
number, name, date of birth, ID or Passport Number and such other information that will
enable the Bank to identify you and comply with the regulatory “Know Your Customer”
requirements (together the “Personal Information”). You also hereby agree and authorize
the Bank to request Safaricom for information relating to your use of the M-PESA Service, MPESA
System and Safaricom Services as the Bank shall require for purposes of providing you
the Services (“M-PESA Information”). You hereby consent to the disclosure of the Personal
Information and the M-PESA Information by Safaricom to the Bank and to the aforesaid use
of the Personal Information and the M-PESA Information by the Bank.
4.4. You hereby agree and authorize the Bank to obtain and procure your Personal Information
contained in the IPRS from the Government of Kenya and you further agree and consent to
the disclosure and provision of such Personal Information by the Government of Kenya to
the Bank.
4.5. You hereby further acknowledge and authorize the Bank to verify your Personal Information
received from Safaricom pursuant to Clause 4.3 against the information received from the
Government of Kenya in your respect as contained in the IPRS.
4.6. The Bank reserves the right to request for further information from you pertaining to your
application for a KCB M-PESA Account at any time. Failure to provide such information
within the time required by the Bank may result in the Bank declining to accept your
application for a KCB M-PESA Account.
4.7. Acceptance by the Bank of your application for a KCB M-PESA Account shall be done via
SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA Account.
You acknowledge and accept that the acceptance by the Bank of your application for a
KCB M-PESA Account does not create any contractual relationship between you and
Safaricom beyond the terms and conditions that apply to your M- PESA Account from time
to time.
4.8. The Bank reserves the right to decline your application for a KCB M-PESA Account or to
revoke the same at any stage at the Bank’s sole discretion and without assigning any
reason or giving any notice thereto.
5. YOUR REQUESTS
5.1. You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from
you (or purportedly from you) through the System and to hold you liable in respect thereof.
The Bank may nevertheless refuse to carry out any Requests which would result in there
being an overdraft on your KCB M-PESA Account.
5.2. The Bank shall be entitled to accept and to act upon any Request, even if that Request is
otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank
believes that it can correct the incomplete or ambiguous information in the Request without
any reference to you being necessary.
5.3. The Bank shall be deemed to have acted properly and to have fully performed all the
obligations owed to you notwithstanding that the Request may have been initiated, sent or
otherwise communicated in error or fraudulently, and you shall be bound by any Requests
on which the Bank may act if the Bank has in good faith acted in the belief that such
instructions have been sent by you.
5.4. The Bank may, in its absolute discretion, decline to act on or in accordance with the whole
or any part of your Request pending further enquiry or further confirmation (whether written
or otherwise) from you. The Bank shall not be under any obligation to so decline in any case,
and shall in no event or circumstance be liable for not so declining.
5.5. You agree to and shall release from and indemnify the Bank against all claims, losses,
damages, costs and expenses howsoever arising in consequence of, or in any way related
to the Bank having acted in accordance with the whole or any part of any of your Requests
(or failed to exercise) the discretion conferred upon it.
5.6. You acknowledge that to the full extent permitted by law the Bank shall not be liable for
any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on
your account by the fact of the knowledge and/or use or manipulation of your KCB M-PESA
PIN, password, ID or any means whether or not occasioned by your negligence.
5.7. You can only cancel your Request by calling the Customer Care Centre and Requesting
cancellation. Cancellation will however only be allowed where your Request is revocable
and has not yet been acted on. If the Bank is able to cancel your instruction you may be
charged for such cancellation.
5.8. The Bank may refuse to make a payment if you do not have sufficient funds in your KCB MPESA
Account. In deciding whether you have sufficient funds, the Bank will take account of
any instructions to make payments and regular payments which have not yet been paid
from your KCB M-PESA Account. The Bank will not be obliged to take account of regular
credits or any amounts received after it has decided not to make the payment.
5.9. The Bank is authorized to effect such orders in respect of your KCB M-PESA Account as may
be required by any court order or competent authority or agency under the applicable
laws.
5.10. In the event of any conflict between any terms of any Request received by the Bank from
you and these Terms and conditions, these Terms and conditions shall prevail.
6. OVERDRAWING YOUR KCB M-PESA ACCOUNT
6.1. No Overdraft will be allowed on your KCB M-PESA Account.
6.2. The Bank is entitled to demand repayment of any money overdrawn from your account
together with interest and penalties.
7. LIEN
7.1. The Bank shall have a general lien over all your property/assets in its possession in the event
that you owe any money to the Bank including but not limited to cash, goods, securities or
valuables deposited for safe custody as security, cheques presented, bills and any other
movable or immovable property charged to secure repayment of any money, whether or
not that money has been repaid, and also over all property in respect of which, by the
general law, the Bank has lien.
7.2. Where you are indebted to the Bank in circumstances giving the Bank a right of set off, all
property held under lien in terms of sub-clause 7.1 hereof shall be deemed to be held as
security for the debt.
7.3. The Bank may at any time give you notice in writing that if an accrued debt is not paid
within a period being not less than 14 days (or such other period specified in the notice)
from the date of receipt by you of the notice then the Bank may, without further notice,
realize sufficient of your assets to discharge the debt. Any part payment made will be
accepted strictly on account and without prejudice to the Bank’s rights.
7.4. You hereby constitute us as your attorney for the purposes of any transaction will be held on
your behalf in relation to your assets for purposes of discharging the debt.
8. SET-OFF
8.1. The Bank may, upon notice, combine/consolidate your KCB M-PESA Account with any of
your other accounts held in the Bank, whether current, loan, savings, deposit, term deposit,
joint or any other type and thereafter set off any amount held to your credit against any
indebtedness you owe to the Bank.
8.2. The Bank may, upon notice to you, set off any amount held to your credit on your M-PESA
Account against any indebtedness you owe to the Bank.
8.3. The Bank may, upon notice to you, set off your KCB M-PESA Account against any other
account or indebtedness in respect of which you are liable, notwithstanding that some
other person may also be liable in respect thereof. In such circumstances, upon receipt of
an indemnity acceptable to the Bank (against costs) and at your expense, the Bank will
give you any assistance necessary in obtaining a refund.
8.4. If the set off is for debt recovery, the Bank will provide you with a detailed breakdown of the
costs and expenses recovered from you together with a justification for such costs and
expenses.
9. STATEMENTS
9.1. You may request for a statement or activity report in respect of your KCB M-PESA Account
from the Bank using your Equipment (“KCB M-PESA Mini Statement”).
9.2. A KCB M-PESA Mini Statement shall provide details of the last 4 (four) transactions (or such
other number of transactions as determined by the Bank) in your KCB M-PESA Account
initiated from your Equipment.
9.3. A KCB M-PESA Mini Statement shall not be sent to you in printed form but shall be delivered
to you either by SMS to the Safaricom Mobile Phone Number associated with your M-PESA
Account or such other electronic means as the Bank may in its discretion determine. You
shall be responsible for the payment of any charges levied by Safaricom in delivering the
KCB M-PESA Mini Statement to you.
9.4. You may obtain printed KCB M-PESA Mini Statements or a printed bank statement
pertaining to your KCB M-PESA Account from the Bank. You shall be responsible for the
payment of any charges levied by the Bank for such printed statements. You also hereby
authorize the Bank to share your KCB M-PESA Account information with Safaricom for this
purpose.
9.5. Save for a manifest error, a KCB M-PESA Mini Statement or bank statement issued to you
aforesaid in respect of your KCB M-PESA Account shall be conclusive evidence of the
transactions carried out on your KCB M-PESA Account for the period covered in the KCB MPESA
Mini Statement and/or bank statement.
9.6. Your statement will show all amounts added or taken from your KCB M-PESA Account during
the period requested and/or since the previous statement. You must check your statement
carefully and tell the Bank as soon as possible if it includes any transaction or other entry
which appears to you to be wrong or not made in accordance with your instructions.
9.7. The Bank reserves the right to rectify discrepancies, add and/or alter the entries in your
statements, without prior notice to you. The Bank will however inform you of any
rectification, additions and or alterations effected on your statements within a reasonable
time after the changes are effected.
9.8. You will be notified of all transactions on your KCB M-PESA Account by way of SMS and the
charges for this service will be debited to your KCB M-PESA Account.
10. CUSTOMER COMPLAINTS
10.1. Complaints may be made in person, in writing, by post, fax, email or by telephone.
10.2. The Bank will take all measures within its means to resolve your complaints within a
reasonable time. All complaints will be handled in accordance with the Bank’s complaints
handling procedures, which are available on request from any KCB branch or the Customer
Care Centre. Where a notification regarding your complaint or any other matter is
expected from the Bank but not received, the complaint must be made within a
reasonable time after non-receipt of such notification.
10.3. Applicable tariffs will be charged by your telephone and internet service provider (s) when
communicating with the Customer Care Centre.
11. INOPERATIVE AND DORMANT ACCOUNTS
11.1. Your KCB M-PESA Account will automatically be classified as inactive if you do not initiate
any transactions on the account for a continuous period of 12 months.
11.2. The Bank shall make reasonable endeavors to inform you of the intended classification of
your KCB M-PESA Account as inactive at least one (1) month before such classification. The
Bank shall, no later than seven (7) days from the date of such classification, inform you of
such classification by way of SMS alerts addressed to your mobile telephone number.
11.3. Your KCB M-PESA Account will be classified as Dormant if it remains inactive for a further
period of 12 months, in which case the account balances shall be transferred from your KCB
M-PESA Account to a central account for security reasons.
11.4. You will not be allowed to transact on an inactive or dormant account but the Bank shall,
upon your written (e.g. letter/email) request, inform you of the procedure to be followed to
activate your inactive/dormant account.
11.5. The Bank may (including without limitation) apply any one or more of the following
conditions to your KCB M-PESA Account upon its classification as Dormant:
i. confirm the validity and authenticity of the first transaction reactivating the account;
ii. suspend the payment of interest (if applicable);
iii. suspend the issuance of statements;
iv. charge a maintenance fee as we may determine from time to time; and
11.6. If your KCB M-PESA Account will not have any transactions initiated by you for a continuous
period of five (5) years or if you shall not have communicated with us for a continuous
period of five (5) years regarding your KCB M-PESA Account, such account will be
presumed abandoned and transferred to the Unclaimed Financial Assets Authority as such.
12. BANK CHARGES AND EXPENSE INTEREST
12.1. The Bank may debit your KCB M-PESA Account with bank fees, commissions, costs and other
charges in respect of the Bank’s products and services provided to you, including but not
restricted to the following:
a) Unless otherwise agreed in writing, interest on overdrawn accounts, loan accounts or
any other facility granted, at any rate or rates as the Bank may determine from time to
time, but not exceeding the maximum allowed by law, which rate or rates may be
different for different accounts. Such interest will be calculated on daily balances and
debited monthly. The Bank will notify you within reasonable time prior to effecting any
change(s) as regards interest rates. Where a higher rate of interest has been agreed, the
Bank may charge such higher rate on any of your accounts. Such interest is payable
notwithstanding the determination of your relationship with the Bank and until you repay
the full amount you owe the Bank in full.
b) Legal charges: Advocate and client charges, costs and expenses incurred in any legal,
arbitration or other proceedings arising out of or connected with your KCB M-PESA
Account;
c) Commissions: Commissions at such rates as the Bank may determine from time to time.
d) Other charges and expenses: In addition to the debits authorised by sub-clauses (a) and
(b) of this clause, all other proper expenses and charges including but not limited to
ledger fees, postage, cables, telephone calls, taxes, duties and impositions. The Bank
may also debit your account with expenses incurred:
i. In complying with your requests;
ii. In complying with the requests of authorized and accredited Government or other
agencies in relation to your account;
iii. In maintaining your Account;
iv. In collecting or attempting to collect any amount of money you owe the Bank;
and
v. Expenses incurred in realizing any security or protecting the subject matter of any
security issued to the Bank.
e) Such penalties as are provided in these Terms and Conditions at any rate or rates as the
Bank may determine from time to time. The penalties will be calculated on daily
balances and debited monthly. Penalties shall be due and payable notwithstanding the
determination of your relationship with the Bank until settlement in full;
f) The Bank will provide you with a detailed breakdown of the costs, charges and expenses
incurred under sub-clauses (a), (b), (c), (d) and (e) of this clause in the account
statements. Please visit your nearest Bank branch for a copy of the complete guide on
the Bank’s Tariffs. The Tariffs are also available on our website at
http://ke.kcbbankgroup.com/media/rates_and_fees/Kenya_Tariff_Guide.pdf.
g) The Bank will give you at least seven (7) days’ notice of intention to effect new charges,
fees, costs and/or commissions by way of email, SMS, letter and/or notices in the daily
newspapers.
13. TAXES
13.1. All payments to be made by you in connection with these terms and conditions are
calculated without regard to any taxes payable by you. If any taxes are payable in
connection with the payment, you must pay the Bank an additional amount equal to the
payment multiplied by the appropriate rate of tax. You must do so at the same time as
making the payment.
13.2. Amounts in your KCB M-PESA Account may be subject to withholding tax in accordance
with applicable law.
13.3. You consent and agree that the Bank may withhold amounts in your KCB M-PESA Account
or any other of your accounts held in the Bank at any time, if any tax authority requires the
Bank to do so, or the Bank is otherwise required by law or pursuant to agreements with any
tax authority to do so, or if the Bank needs to comply with internal policies or with any
applicable order or sanction of a tax authority.
14. SPECIFIC KCB M-PESA ACCOUNTS
14.1. KCB M-PESA Account
14.1.1. As a holder of a KCB M-PESA Account, you will be entitled, subject to these Terms and
conditions, to transfer money from your M-PESA Account and/or make withdrawals
therefrom into your M-PESA Account, and/or to borrow money from the Bank as
follows:
i. You may make deposits into your KCB M-PESA Account or withdraw funds therefrom
using the KCB M-PESA Menu on your Equipment.
ii. You will not be required to notify the Bank in advance of making a deposit or
withdrawal into or from your KCB M-PESA Account.
iii. The Bank shall channel withdrawals from your KCB M-PESA Account into your M-PESA
Account.
iv. You will not be required to pay Transaction Fees or any other charges or
commissions to Safaricom in respect of transactions effected between your M-PESA
Account and your KCB M-PESA Account through the M-PESA System.
v. Transaction Fees and applicable Bank fees, commissions and other charges will
however be charged on all transactions between your other Bank account (s) and
your KCB M-PESA Account, as well as on any transactions on your KCB M-PESA
Account facilitated through KCB Mtaani.
vi. There will be no restrictions on the number of deposits into your KCB M-PESA
Account over any period of time subject to a minimum deposit of Kshs. 1.
vii. Subject to availability of sufficient funds to your credit, the Bank shall impose no
restrictions on the number of withdrawals you may make from your KCB M-PESA
Account over any period of time. You may withdraw up to the maximum allowable
limit under the M-PESA Service.
viii. The maximum deposit limit on your KCB M-PESA Account shall be Kshs.
1,000,000/= or such other minimum or maximum amount as the Bank may from time
to time in its sole discretion determine. Your deposits shall however not exceed Kshs.
250,000 except with the Bank’s prior written approval and subject to your
compliance with such further or other conditions and documentation as may be
required by the Bank.
ix. Through the KCB M-PESA Menu on your Equipment, you may establish standing
orders and instruct the Bank to make loan repayments and establish term deposits
using funds from your KCB M-PESA Account.
x. As a holder of a KCB M-PESA Account, you may, subject to these terms and
conditions, apply for a loan from the Bank using the KCB M-PESA Menu on your
Equipment.
14.2. KCB M-PESA Transaction Account
14.2.1. Only holders of KCB M-PESA Accounts will be eligible to open KCB M-PESA Transaction
Accounts.
14.2.2. Interest on deposits in your KCB M-PESA Transaction Account will be calculated at the
rate of 2% per annum and will be paid into your KCB M-PESA Transaction Account at
periodic intervals as determined by the Bank.
14.2.3. Interest shall accrue to the credit balance on the account and shall be calculated
based on your end-of-day balance and will be credited into your KCB M-PESA
Transaction Account on a yearly basis.
14.2.4. We reserve the right to vary interest rates from time to time and will reasonably
endeavour to give prior notice of the changes in the interest rates by way of SMS to your
Equipment. If you do not receive such prior notice we will not be prevented from
changing the interest rate.
14.2.5. The maximum savings limit on your KCB M-PESA Transaction Account shall be Kshs.
1,000,000/= or such other minimum or maximum amount as the Bank may from time to
time in its sole discretion determine. If you however wish to save any amount above Kshs.
250,000 in your KCB M-PESA Transaction Account, you must provide the Bank with such
further documentation and comply with any other or further conditions as may be
required by the Bank.
14.2.6. The Maximum savings transfer into your KCB M-PESA Transaction Account from M-PESA
shall be a maximum of Kshs. 140,000 per day.
14.2.7. The maximum deposit transfer into your KCB M-PESA Transaction Account from M-PESA
shall be Kshs. 70,000 per deposit transaction.
14.2.8. Deposit via KCB Mobi and agents will see a minimum transfer of Ksh. 100 and a
maximum transfer of Ksh. 100,000.
14.2.9. Deposit via KCB branches will have no maximum limit on deposit.
14.2.10. The Minimum deposit for your KCB M-PESA Transaction Account and minimum
transferrable amount from your KCB M-PESA Transaction Account shall be Kshs. 1.
14.2.11. You will be entitled to a personal accident cover in the event that your KCB MPESA
Transaction Account has at least Kshs. 5,000/= to your credit.
14.2.12. You shall not be entitled to overdraw your KCB M-PESA Transaction Account.
14.2.13. In the event that your KCB M-PESA Transaction Account does become
overdrawn, debit interest shall accrue to the account on the debit balance. The debit
interest shall be equal to the maximum unauthorized overdraft rate levied on Bank
current accounts.
14.3. KCB M-PESA Fixed Savings Accounts
14.3.1. You may from time to time Request the Bank to lock the deposits held in your KCB MPESA
Account as a term deposit for such specified duration, interest rate and other
terms as may be agreed between you and the Bank.
14.3.2. Term Deposits are available for different durations (for instance 1 month, 3 months, 6
months or 1 year) and you shall select your desired duration through the KCB M-PESA
Menu on your Equipment. The minimum term deposit period will be one (1) month.
14.3.3. The interest rates on fixed savings will be determined on the basis of the duration of the
term deposit as follows:
i. 1 month: 3% per annum
ii.3 months: 4% per annum
iii. 6 months: 5% per annum
iv. 12 months: 6% per annum
14.3.4. We reserve the right to vary interest rates from time to time and will reasonably
endeavour to give prior notice of the changes in the interest rates by way of SMS to your
Equipment. If you do not receive such prior notice we will not be prevented from
changing the interest rate.
14.3.5. In order to effect your term deposit, you may deposit the agreed term deposit amount
into your KCB M-PESA Account from your M-PESA Account or KCB M-PESA Account. You
may also Request that the amount held in your KCB M-PESA Account or part thereof be
locked as a Term Deposit.
14.3.6. The minimum term deposit will be Kshs. 500/= and the maximum term deposit amount
shall be Kshs. 1,000,000/= or such other minimum or maximum amount as the Bank may
from time to time in its sole discretion determine.
14.3.7. Depositing additional funds during the term of the fixed savings account is not allowed.
14.3.8. Your Term Deposit will mature on the relevant anniversary of the date the deposit was
opened, or if this is a non-business day, the next business day. The Bank will send you a
reminder of the maturity date at least thirty (30) days prior thereto. If the Bank does not
hear from you up to 5 business days prior to the date of maturity, the monies will be
rolled over in your name as per your latest instruction held with the Bank or, in the
absence of any disposal at maturity instructions, into a new Term Deposit of the same
term as the maturing Term Deposit and at the then prevailing interest rates.
14.3.9. The rate of interest will be fixed at the time of issue of the Term Deposit.
14.3.10. Interest on the Term Deposit is calculated on the principal investment amount
and will not be compounded (unless you are advised otherwise in writing). Interest will
only be paid on the maturity date of those Term Deposits of a period of one (1) year or
less. Where the Term Deposits run for a period of above one (1) year interest will be paid
at agreed intervals within the term of the Term Deposit. However you have the option to
have the interest paid on the maturity date upon notifying the Bank of such Request.
14.3.11. Early withdrawal of fixed savings will be permitted on condition that the entire
interest accrued will be forfeited. There will be no requirement for a notice of withdrawal
of the term deposit and the funds held in term deposit will be transferred to your KCB MPESA
Account upon your Request. Please note that you must withdraw the entire
Principal amount as partial withdrawals are not allowed.
14.3.12. All payments, whether of interest or principal will be made by an automated
credit into your KCB M-PESA Account. There may be a charge for any other means of
transfer requested by you.
14.3.13. The Bank reserves the right either to decline or open a Term Deposit.
14.3.14. Funds held in term deposit will be taken into account in determination of your
credit limit.
14.4. KCB M-PESA Target Savings Accounts
14.4.1. To establish a Target savings Account, you must have a KCB M-PESA Account.
14.4.2. You may from time to time Request the Bank to open a Target savings Account in your
name, into which you may save a set target amount by making regular contributions
towards achievement of the set target amount (the Target Account).
14.4.3. The minimum target amount shall be Kshs. 1,000/= and the minimum contribution
towards achievement of the target will be Kshs. 50 per deposit.
14.4.4. The interest rates on term deposits will be determined on the basis of the duration of the
term deposit as follows:
v. 1 month: 3% per annum
vi. 3 months: 4% per annum
vii. 6 months: 5% per annum
viii. 12 months: 6% per annum
14.4.5. Targets may be achieved within set durations (for instance 1 month, 3 months, 6 months
or 1 year) subject to a minimum target period of one (1) month.
14.4.6. The Target savings account will be subject to interest as shall be determined by the bank
from time to time.
14.4.7. You may deposit your contribution into your Target Account by way of a standing order
from your KCB M-PESA Account or M-PESA Account in such frequency as may be
agreed with the Bank.
14.4.8. Upon achievement of your target amount, the Bank may, at its sole discretion, issue you
with a reward(s) to be determined from time to time.
14.4.9. No notice of withdrawal will be required prior to withdrawal of the target funds from your
Target Account. Please note that you must withdraw the entire Principal amount, as
partial withdrawals are not allowed.
14.4.10. You can only open one target savings account at a time.
14.4.11. Early withdrawal of Target savings will be permitted. The customer will however
earn interest to the cumulative date. There will be no requirement for a notice of
withdrawal of the term deposit and the funds held in term deposit will be transferred to
your KCB M-PESA Account upon your Request. Please note that you must withdraw the
entire Principal amount as partial withdrawals are not allowed.
15. KCB M-PESA LOANS
15.1. In order to qualify for a KCB M-PESA Loan, you must be at least 18 years old, a registered
and active M-PESA subscriber for at least six (6) months and an active KCB M-PESA Account
holder.
15.2. Upon opening your KCB M-PESA Account, you will receive a confirmation message bearing
your credit limit. You may thereafter, subject to these terms and conditions, apply for an
emergency loan or device financing loan using the request loan menu on the KCB M-PESA
Menu on your Equipment. The Transaction Fees payable for transactions effected in respect
of your KCB M-PESA Account from time to time will apply to any transactions effected in
respect of your KCB M-PESA Loan.
15.3. Customers who do not have an allocated credit limit will be required to save and build a
history to get a credit score.
15.4. As you apply for the loan, you will be able to select your preferred loan repayment period
from the KCB M-PESA Menu on your Equipment. The available repayment period options on
the KCB M-PESA Menu will be for repayment within 30 calendar days, 90 calendar days and
180 calendar days respectively.
15.5. Your KCB M-PESA Loan application will be appraised according to the applicable loan
appraisal processes of the Bank. The Bank reserves the right at its sole discretion and without
assigning any reason to approve or decline your application for a loan.
15.6. Acceptance or rejection by the Bank of your application for a KCB M-PESA Loan shall be
done via SMS sent to the Mobile Phone Number associated with your KCB M-PESA Account.
15.7. Subject to approval of your application for a loan, the Bank shall disburse to you a loan of
an amount to be determined by the Bank in its sole discretion subject to a minimum amount
of Kenya Shillings one hundred (Kshs. 100) and a maximum amount of Kenya Shillings one
million (Kshs. 1,000,000) or such other minimum or maximum amount as the Bank may from
time to time in its sole discretion determine.
15.8. The Bank will directly credit the loan proceeds into your KCB M-PESA Deposit Account
subject to any deductions on account of applicable Transaction Fees and interest charges.
15.9. You may only withdraw the loan from your KCB M-PESA Account in accordance with
Clause 14.1.1 (iii). Transactions between your KCB M-PESA Account and your M-PESA
Account will be subject to the deposit and withdrawal limits under the M-PESA Service.
15.10. In consideration of the Bank granting you the loan, you shall pay the Bank interest as follows:
i. 30 day loan at 6% per month
ii. 90 day loan at 5% per month
iii. 180 day loan at 4% per month
15.11. The customer loan will be issued net of interest
15.12. You shall make all payments due from you to the Bank in respect of the loan and
Transaction Fees through your M-PESA Account, your KCB M-PESA Account, KCB branch or
KCB Mtaani Agent.
15.13. In the event that you do not repay the loan in full within the agreed repayment period, the
Bank will automatically roll over any outstanding amount in respect of the loan for a further
period of thirty (30) calendar days.
15.14. In consideration of the Bank forbearing to demand the immediate payment of the
outstanding amount due in respect of your loan and rolling over the same pursuant to
Clause 15.13, you shall, in addition to paying the outstanding amount in respect of the loan
any outstanding fee, pay to the Bank a roll-over fee to be advised prior to effecting the rollover
of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).
15.15. You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or
attempting to obtain payment of any loan owed under your KCB M-PESA Loan Account.
15.16. The Bank shall be entitled to terminate this Agreement and close your KCB M-PESA Account
in accordance with the provisions of Clause 20 without prejudice to any of its rights
accruing hereunder if you fail to repay the loan and/or the Transaction Fees due thereon
within the agreed repayment period.
15.17. The Bank shall utilize funds in any other accounts opened and operated by you to offset
any amounts outstanding and due from you to the Bank in respect of your loan.
15.18. The Bank shall utilize the funds held in your M-PESA Account to pay off any amounts
outstanding from your loan. The Bank shall only exercise this option after giving you notice
and after setting off all other funds held by the Bank.
15.19. The Bank reserves the right to vary the terms of the loan including the interest rate and fees
payable thereon from time to time having regard to the prevailing rules and regulations of
the Central Bank of Kenya and the policies of the Bank.
15.20. You hereby expressly consent and authorize the Bank to disclose, respond, advise
exchange and communicate the details or information pertaining to your KCB M-PESA
Account and or loan to Credit Reference Bureaus or any regulator or authority as required
under the Banking Act, the Banking Act (Credit Reference Bureau Regulations), 2013, as
published, amended or revised from time to time or any other law.
15.21. You also hereby expressly consent and authorize the Bank to disclose, respond, advise
exchange and communicate the details or information pertaining to your KCB M-PESA
Account and or loan to third Parties involved in the administration of your KCB M-PESA
Account and or loan, underwriting of insurance policies, updating of databases, or
provision of user support.
16. KCB M-PESA Account and KCB M-PESA Account
16.1.1. The customer will be able to send money from one KCB M-PESA account to another
KCB M-PESA account.
16.1.2. M-PESA limits will apply and normal person to person M-PESA charges will be applicable.
16.2. KCB M-PESA Account Standing Order
16.2.1. Customers will be able to place standing orders from:
16.2.1.1. M-PESA to KCB M-PESA Account
16.2.1.2. M-PESA to Target savings Account
16.2.1.3. KCB M-PESA Account to Target savings account
16.2.2. The customer will be able to stop a standing order
16.2.3. The customer can have only one standing order account
16.3. KCB M-PESA Account Invite a Friend
16.3.1. Customers will be able to invite friends and family to open an KCB M-PESA account
16.3.2. Customers will be able to earn Ksh. 50 cash if the individual invited opens and deposits
Ksh. 100 to the KCB M-PESA Account.
17. DISCLOSURE
17.1. You hereby expressly consent and authorize the Bank to disclose receive record or utilize
your personal information or information or data relating to your KCB M-PESA Account and
any details of your use of the Services:
17.1.1. to and from the Bank’s service providers, dealers, agents or any other company that
may be or become the Bank’s subsidiary or holding company for reasonable
commercial purposes relating to the Services;
17.1.2. to a Credit Reference Bureau;
17.1.3. to the Bank’s lawyers, auditors or other professional advisors or to any court or arbitration
tribunal in connection with any legal or audit proceedings;
17.1.4. to Safaricom in connection with the M-PESA Service and the Services;
17.1.5. for reasonable commercial purposes connected to your use of the Services, such as
marketing and research related activities; and
17.1.6. in business practices including but not limited to quality control, training and ensuring
effective systems operation.
17.2. You authorize the Bank to disclose any information relating to your KCB M-PESA Account to
any local or international law enforcement or governmental agencies so as to assist in the
prevention, detection, investigation or prosecution of criminal activities or fraud or to any
other institution or third party as required by the laws of any country and as the Bank may
deem necessary.
17.3. In the event of death, your estate administrator will be granted access to your KCB M-PESA
Account upon production of the letters of administration or grant of probate for the
purposes specified in the letters of administration or grant of probate and thereafter the
account proceeds will be dealt with in accordance with the confirmed grant of letters of
administration or confirmed grant of probate. Where the funds in your KCB M-PESA Account
are less than Kshs 30,000= or such amount as may be notified by the Bank, the funds will be
credited to your nominated M-PESA Account next of kin.
18. YOUR EQUIPMENT AND RESPONSIBILITIES
18.1. You shall at your own expense provide and maintain in safe and efficient operating
order your Equipment necessary for the purpose of accessing the System and the Services.
18.2. You shall be responsible for ensuring the proper performance of your Equipment. The Bank
shall neither be responsible for any errors or failures caused by any malfunction of your
Equipment, and nor shall the Bank be responsible for any computer virus or related
problems that may be associated with the use of the System, the Services and the
Equipment. You shall be responsible for charges due to any service provider providing you
with connection to the Network and the Bank shall not be responsible for losses or delays
caused by any such service provider.
18.3. You shall follow all instructions, procedures and terms contained in these terms and
conditions and any document provided by the Bank concerning the use of the System and
Services.
18.4. You agree and acknowledge that you shall be solely responsible for the safekeeping and
proper use of your Equipment and for keeping your KCB M-PESA PIN secret and secure. You
shall ensure that your KCB M-PESA PIN does not become known or come into possession of
any unauthorized person. The Bank shall not be liable for any disclosure of your KCB MPESA
PIN to any third party and you hereby agree to indemnify and hold the Bank
harmless from any losses resulting from any KCB M-PESA PIN disclosure.
18.5. You shall take all reasonable precautions to detect any unauthorized use of the System and
the Services. To that end, you shall ensure that all communications from the Bank are
examined and checked by you or on your behalf as soon as practicable after receipt by
you in such a way that any unauthorized use of and access to the System will be detected.
18.6. You shall immediately inform the Bank through the Customer Care Centre in the event that:
18.6.1. You have reason to believe that your KCB M-PESA PIN is or may be known to any person
not authorized to know the same and/or has been compromised; and/or
18.6.2. You have reason to believe that unauthorized use of the Services has or may have
occurred or could occur and a transaction may have been fraudulently input or
compromised.
18.7. You shall at all times follow the security procedures notified to you by the Bank from
time to time or such other procedures as may be applicable to the Services from time to
time. You acknowledge that any failure on your part to follow the recommended security
procedures may result in a breach of your KCB M-PESA Account’s confidentiality. In
particular, you shall ensure that the Services are not used or Requests are not issued or the
relevant functions are not performed by anyone other than a person authorized to do so.
18.8. You shall not at any time operate or use the Services in any manner that may be prejudicial
to the Bank.
19. EXCLUSION OF LIABILITY
19.1. The Bank shall not be responsible for any loss suffered by you should the Services be
interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or
(b) any other circumstances whatsoever not within the Bank’s control including, without
limitation, force majeure or error, interruption, delay or non- availability of the System,
terrorist or any enemy action equipment failure, loss of power, adverse weather or
atmospheric conditions, and failure of any public or private telecommunications system.
19.2. The Bank will not be liable for any losses or damage suffered by you as a result of or in
connection with:-
19.2.1. unavailability of sufficient funds in your M- PESA Account and/or in your KCB M-PESA
Account;
19.2.2. failure, malfunction, interruption or unavailability of the System, your Equipment, the
Network, M-PESA System and/or M- PESA Service;
19.2.3. the money in your KCB M-PESA Account being subject to legal process or other
encumbrance restricting payments or transfers thereof;
19.2.4. your failure to give proper or complete instructions for payments or transfers relating to
your KCB M-PESA Account;
19.2.5. any fraudulent or illegal use of the Services, the System and/or your Equipment; or
19.2.6. Your failure to comply with these Terms and conditions and any document or
information provided by the Bank concerning the use of the System and the Services.
19.3. If for any reason other than a reason mentioned in subparagraphs 19.1 or 19.2, the Services
are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect
thereof shall be to re-establish the Services as soon as reasonably practicable.
19.4. Save as provided in subparagraph 19.3 the Bank shall not be liable to you for any
interference with or unavailability of the Services, howsoever caused.
19.5. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated
savings or for any indirect or consequential loss or damage of whatever kind, howsoever
caused, arising out of or in connection with the Services even where the possibility of such
loss or damage is notified to the Bank.
19.6. All warranties and obligations implied by law are hereby excluded to the fullest extent
permitted by law.
20. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the System (and any
amendments, upgrades or enhancements thereto from time to time) and all associated
documentation that the Bank provides to you through the System or otherwise are vested
either in the Bank or in other persons from whom the Bank has a right to use and to sublicense
the System and/or the said documentation. You shall not infringe any such
intellectual property rights. You shall not duplicate, reproduce or in any way tamper with
the System and associated documentation without the prior written consent of the Bank.
21. INDEMNITY
21.1. In consideration of the Bank complying with your instructions or Requests in relation the KCB
M-PESA Account, you undertake to indemnify the Bank and hold it harmless against any
loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains
thereby and you absolve the Bank from all liability for loss or damage which you may sustain
from the Bank acting on your instructions or requests or in accordance with these Terms and
conditions.
21.2. The indemnity in clause 21.1 shall also cover the following:
21.2.1. All demands, claims, actions, losses and damages of whatever nature which may be
brought against the Bank or which it may suffer or incur arising from its acting or not
acting on any Request or arising from the malfunction or failure or unavailability of any
hardware, software, or equipment, the loss or destruction of any data, power failures,
corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage,
terrorism, any other event beyond the Bank’s control, interruption or distortion of
communication links or arising from reliance on any person or any incorrect, illegible,
incomplete or inaccurate information or data contained in any Request received by
the Bank.
21.2.2. Any loss or damage that may arise from your use, misuse, abuse or possession of any
third party software, including without limitation, any operating system, browser software
or any other software packages or programs
21.2.3. Any unauthorized access to your KCB M-PESA Account or any breach of security or any
destruction or accessing of your data or any destruction or theft of or damage to any of
your Equipment.
21.2.4. Any loss or damage occasioned by the failure by you to adhere to these terms and
conditions and/or by supplying of incorrect information or loss or damage occasioned
by the failure or unavailability of third party facilities or systems or the inability of a third
party to process a transaction or any loss which may be incurred by the Bank as a
consequence of any breach by these Terms and conditions.
21.2.5. Any damages and costs payable to the Bank in respect of any claims against the Bank
for recompense for loss where the particular circumstance is within your control.
22. VARIATION AND TERMINATION OF RELATIONSHIP
22.1. The Bank may at any time, upon notice to you, terminate or vary its business relationship
with you and close your KCB M-PESA Account and in particular but without prejudice to the
generality of the foregoing the Bank may cancel credits which it has granted and require
the repayment of outstanding debts resulting therefrom within such time as the Bank may
determine.
22.2. Without prejudice to the Bank rights under clause 22.1, the Bank may at its sole discretion
suspend or close your KCB M-PESA Account:
22.2.1. if you use the KCB M-PESA Account for unauthorized purposes or where the Bank detects
any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of
the Services;
22.2.2. if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;
22.2.3. if the Bank is required or requested to comply with an order or instruction of or a
recommendation from the government, court, regulator or other competent authority;
22.2.4. if the Bank reasonably suspects or believes that you are in breach of these terms and
conditions (including non-payment of any Loan amount due from you where
applicable);
22.2.5. where such a suspension or variation is necessary as a consequence of technical
problems or for reasons of safety;
22.2.6. to facilitate update or upgrade the contents or functionality of the Services from time
to time;
22.2.7. where your account becomes inactive or dormant;
22.2.8. If the Bank decides to suspend or cease the provision of the Services for commercial
reasons or for any other reason as it may determine in its absolute discretion.
22.3. You may close your KCB M-PESA Account at any time at any Customer Care Centre.
22.4. If your KCB M-PESA Account has any credit balance at the time of its closure, we will return
any such balance to you, less any applicable fees. If your KCB M-PESA Loan Account is in
arrears at the time of closure of your KCB M-PESA Account, you agree to pay to us
immediately all amounts you owe us.
22.5. Termination shall however not affect any accrued rights and liabilities of either party.
22.6. If the Bank receives notice of your demise, the Bank will not be obliged to allow any
operation or withdrawal from your KCB M-PESA Account by any person except upon
production of administration letters from a competent authority or confirmed grant of letters
of administration or confirmed grant of probate by your legal representatives duly
appointed by the Court.
23. MISCELLANEOUS
23.1. These terms and conditions (as may be amended from time to time) form a legally binding
agreement binding on you and your personal successors.
23.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you
to any other person.
23.3. The Bank may vary or amend these terms and conditions and the Transaction Fees at any
time and without notice to you. Any such variations or amendments may be published in
posters or pamphlets available at Safaricom’s Agents outlets, Bank branches, in the daily
newspapers, on the Bank and/or Safaricom’s website and/or by any other means as
determined by the Bank and any such variations and amendments shall take effect
immediately upon publication.
23.4. No failure or delay by either yourself or the Bank in exercising any right or remedy hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
remedy prevent any further or other exercise thereof or the exercise of any other right or
remedy.
23.5. The rights and remedies herein provided are cumulative and not exclusive of any rights or
remedies provided by law.
23.6. If any provision of these terms and conditions shall be found by any duly appointed
arbitrator, court or administrative body of competent jurisdiction to be invalid or
unenforceable the invalidity or unenforceability of such provision shall not affect the other
provisions herein.
23.7. Any addition or alteration to these Terms and Conditions may be made from time to time by
the Bank and of which notice has been given to you by way of publication as provided in
subparagraph 21.3 shall be binding upon you as fully as if the same were contained in these
terms and conditions.
24. NOTICES
24.1. The Bank may send information concerning the KCB M-PESA Account via SMS to the
Safaricom Mobile Phone number associated with your M- PESA Account.
24.2. You acknowledge that you have no claim against the Bank for damages resulting from
losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to
transmission of any communication pertaining to the KCB M-PESA Account.
25. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
25.1. You may contact the Customer Care Center to report any disputes, claims or KCB M-PESA
Account discrepancies.
25.2. Any dispute arising out of or in connection with this Agreement that is not resolved by
Customer Care Centre representatives shall be referred to arbitration by a single arbitrator
to be appointed by agreement between the parties or in default of such agreement within
60 days of the notification of a dispute, upon the application of either party, by the
Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such
arbitration shall be conducted in the English language in Nairobi in accordance with the
Rules of Arbitration of the said Institute and subject to and in accordance with the provisions
of the Arbitration Act.
25.3. To the extent permissible by Law, the determination of the Arbitrator shall be final,
conclusive and binding upon the parties hereto.
25.4. This Agreement shall be governed by and construed in accordance with the laws of the
Republic of Kenya.
Requirements
Be a registered Safaricom Mpesa customer.
Have an active Safaricom Mpesa account.
Hold any one of the following Kenyan National ID, Kenyan Passport, Alien ID, Diplomatic ID(Registered on IPRS), Military ID.
KCB Mpesa Terms and Conditions
TERMS AND CONDITIONS FOR THE KCB M-PESA ACCOUNT
1. THE AGREEMENT
1.1. This Agreement sets out the complete Terms and conditions (hereinafter called "these Terms
and conditions") which shall be applicable to the KCB M-PESA Account (as hereinafter
defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).
1.2. These Terms and conditions and any amendments or variations thereto take effect on their
date of publication.
2. DEFINITIONS
2.1. In these Terms and conditions the following words and expressions (save where the context
requires otherwise) bear the following meanings:
2.1.1. “Bank” means Kenya Commercial Bank Limited incorporated in Kenya as a limited
liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and
duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya) and
includes subsidiaries of the Bank as may from time to time be specified by the Bank to
you;
2.1.2. “Credit Reference Bureau” means a credit reference bureau duly licensed under the
Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as
amended, revised or promulgated from time to time, to inter alia, collect and facilitate
the sharing of customer credit information;
2.1.3. “Customer” means the person in whose name the KCB M-PESA Account with the Bank is
existing;
2.1.4. “Customer Care Centre” means any Safaricom Retail Shops or Bank Branch or such
other Bank Agent or Agents as may be notified to the Customer by the Bank from time
to time;
2.1.5. “E-Money” means the electronic monetary value depicted in your M-PESA Account
representing an equal amount of cash;
2.1.6. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment
which when used together enables you to access the Network;
2.1.7. “IPRS” means the Integrated Population Registration System set up and maintained by
the Government of Kenya under the Ministry of State for Immigration and Registration of
Persons and its successors;
2.1.8. “KCB M-PESA Account” means a bank account held by a Customer with the Bank and
which is opened and operated in accordance with the terms and conditions herein
contained;
2.1.9. “KCB M-PESA Products” means the other Bank accounts, products or services offered to
the Customer to complement the KCB M-PESA Account;
2.1.10. “KCB M-PESA Menu” means the KCB M-PESA Menu on the M-PESA System;
2.1.11. “KCB M-PESA Loan Menu” means the KCB M-PESA Loan Menu on the M-PESA System;
2.1.12. “M-PESA Account” means your mobile money store of value, being the record
maintained by Safaricom of the amount of E-Money from time to time held by you in the
M-PESA System;
2.1.13. “M-PESA Service” means the money transfer and payments service provided by
Safaricom through the M-PESA System;
2.1.14. “M-PESA System” means the system operated by Safaricom in Kenya for the provision
of the M-PESA Service using the Network;
2.1.15. " KCB M-PESA PIN" means your personal identification number being the secret code
used to access and operate the KCB M-PESA Account;
2.1.16. “M-PESA Subscriber” means any person registered to use the M-PESA System to send or
receive money or make payments;
2.1.17. “Network” means the mobile cellular network operated by Safaricom;
2.1.18. “Request” means a request or instruction received by the Bank from you or purportedly
from you through the Network and the System and upon which the Bank is authorized to
act;
2.1.19. “Safaricom” means Safaricom Limited incorporated in Kenya as a limited liability
company under the Companies Act (Cap 486 of the Laws of Kenya);
2.1.20. “Services” shall include any form of financial services or products that the Bank may
offer you pursuant to this Agreement and as you may from time to time subscribe to
and “Service” shall be construed accordingly;
2.1.21. “SIM Card” means the subscriber identity module which when used with the
appropriate mobile phone handset enables you to access the Network and to use the
M-PESA and KCB M-PESA System;
2.1.22. “SMS” means a short message service consisting of a text message transmitted from one
mobile phone to another;
2.1.23. “System” means the Bank’s electronic banking and communications software enabling
the Customer to communicate with the Bank for purposes of the Services. The System
and the Services will for the purpose of this Agreement be accessed through the
Safaricom System;
2.1.24. “Transaction Fees” includes the any fees and charges payable for the use of the
Services as published by the Bank on the Bank’s website and/or Safaricom’s website
and/or the daily newspapers in Kenya or by such other means as the Bank shall in its sole
discretion determine. Transaction Fees are subject to change at any time at the Bank’s
sole discretion;
2.1.25. “We,” “our,” and “us,” means the Bank and includes the successors and assigns of the
Bank;
2.1.26. “You” or “your” means the Customer and includes the personal representatives of the
Customer;
2.1.27. The word “Customer” shall include both the masculine and the feminine gender as well
as juristic persons;
2.1.28. Words importing the singular meaning where the context so admits include the plural
meaning and vice versa.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Before applying to open the KCB M-PESA Account via the M-PESA System you should
carefully read and understand these Terms and conditions which will govern the use and
operation of the KCB M-PESA Account.
3.2. If you do not agree with these Terms and conditions, please click “Decline” on the KCB MPESA
Menu.
3.3. You will be deemed to have read, understood and accepted these Terms and conditions:-
3.3.1. upon clicking on the “Accept” option on the KCB M-PESA Menu requesting you to
confirm that you have read, understood and agreed to abide with these Terms and
Conditions; and/or
3.3.2. by using or continuing to use and operate the KCB M-PESA Account and/or the Services.
3.4. By applying to open the KCB M-PESA Account with the Bank, you agree to comply with and
be bound by these Terms and conditions for the time being and from time to time in force
governing the operation of the KCB M-PESA Account and you affirm that these Terms and
conditions herein are without prejudice to any right that the Bank may have with respect to
the KCB M-PESA Account in law or otherwise.
3.5. These Terms and Conditions may be amended or varied by the Bank from time to time and
the continued use of your KCB M-PESA Account and/or the Services constitutes your
agreement to be bound by the terms of any such amendment or variation.
3.6. You acknowledge and accept that the Bank offers the KCB M-PESA Account and the
Services through KCB Branches, Safaricom Outlets, KCB Agency Banking Outlets and
electronic means. You agree to do business with the Bank and to operate the KCB M-PESA
Account and access the Services via the KCB M-PESA Menu on the M-PESA System. Any
query and complaint you may have relating to your KCB M-PESA Account and/or the
Services shall be addressed to the Bank through the Customer Care Centre. For the
avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled
to receive or demand the Services pertaining to the KCB M-PESA Account at any branch or
branches of the Bank unless otherwise advised by the Bank in its sole discretion.
4. ACCOUNT OPENING
4.1. In order to open a KCB M-PESA Account with the Bank, you must be at least 18 years old
and a registered and active M-PESA Subscriber for at least six (6) months immediately
preceding the date of your application. The Bank reserves the right to verify with Safaricom
the authenticity and status of your M-PESA Account.
4.2. You may open a KCB M-PESA Account solely by way of an electronic application made by
you using your Equipment via the KCB M-PESA Menu on the Safaricom System.
4.3. You hereby agree and authorize the Bank to request Safaricom for your personal
information held by Safaricom pursuant to the agreement between you and Safaricom for
the provision of Safaricom products and services and M-PESA Service including your phone
number, name, date of birth, ID or Passport Number and such other information that will
enable the Bank to identify you and comply with the regulatory “Know Your Customer”
requirements (together the “Personal Information”). You also hereby agree and authorize
the Bank to request Safaricom for information relating to your use of the M-PESA Service, MPESA
System and Safaricom Services as the Bank shall require for purposes of providing you
the Services (“M-PESA Information”). You hereby consent to the disclosure of the Personal
Information and the M-PESA Information by Safaricom to the Bank and to the aforesaid use
of the Personal Information and the M-PESA Information by the Bank.
4.4. You hereby agree and authorize the Bank to obtain and procure your Personal Information
contained in the IPRS from the Government of Kenya and you further agree and consent to
the disclosure and provision of such Personal Information by the Government of Kenya to
the Bank.
4.5. You hereby further acknowledge and authorize the Bank to verify your Personal Information
received from Safaricom pursuant to Clause 4.3 against the information received from the
Government of Kenya in your respect as contained in the IPRS.
4.6. The Bank reserves the right to request for further information from you pertaining to your
application for a KCB M-PESA Account at any time. Failure to provide such information
within the time required by the Bank may result in the Bank declining to accept your
application for a KCB M-PESA Account.
4.7. Acceptance by the Bank of your application for a KCB M-PESA Account shall be done via
SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA Account.
You acknowledge and accept that the acceptance by the Bank of your application for a
KCB M-PESA Account does not create any contractual relationship between you and
Safaricom beyond the terms and conditions that apply to your M- PESA Account from time
to time.
4.8. The Bank reserves the right to decline your application for a KCB M-PESA Account or to
revoke the same at any stage at the Bank’s sole discretion and without assigning any
reason or giving any notice thereto.
5. YOUR REQUESTS
5.1. You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from
you (or purportedly from you) through the System and to hold you liable in respect thereof.
The Bank may nevertheless refuse to carry out any Requests which would result in there
being an overdraft on your KCB M-PESA Account.
5.2. The Bank shall be entitled to accept and to act upon any Request, even if that Request is
otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank
believes that it can correct the incomplete or ambiguous information in the Request without
any reference to you being necessary.
5.3. The Bank shall be deemed to have acted properly and to have fully performed all the
obligations owed to you notwithstanding that the Request may have been initiated, sent or
otherwise communicated in error or fraudulently, and you shall be bound by any Requests
on which the Bank may act if the Bank has in good faith acted in the belief that such
instructions have been sent by you.
5.4. The Bank may, in its absolute discretion, decline to act on or in accordance with the whole
or any part of your Request pending further enquiry or further confirmation (whether written
or otherwise) from you. The Bank shall not be under any obligation to so decline in any case,
and shall in no event or circumstance be liable for not so declining.
5.5. You agree to and shall release from and indemnify the Bank against all claims, losses,
damages, costs and expenses howsoever arising in consequence of, or in any way related
to the Bank having acted in accordance with the whole or any part of any of your Requests
(or failed to exercise) the discretion conferred upon it.
5.6. You acknowledge that to the full extent permitted by law the Bank shall not be liable for
any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on
your account by the fact of the knowledge and/or use or manipulation of your KCB M-PESA
PIN, password, ID or any means whether or not occasioned by your negligence.
5.7. You can only cancel your Request by calling the Customer Care Centre and Requesting
cancellation. Cancellation will however only be allowed where your Request is revocable
and has not yet been acted on. If the Bank is able to cancel your instruction you may be
charged for such cancellation.
5.8. The Bank may refuse to make a payment if you do not have sufficient funds in your KCB MPESA
Account. In deciding whether you have sufficient funds, the Bank will take account of
any instructions to make payments and regular payments which have not yet been paid
from your KCB M-PESA Account. The Bank will not be obliged to take account of regular
credits or any amounts received after it has decided not to make the payment.
5.9. The Bank is authorized to effect such orders in respect of your KCB M-PESA Account as may
be required by any court order or competent authority or agency under the applicable
laws.
5.10. In the event of any conflict between any terms of any Request received by the Bank from
you and these Terms and conditions, these Terms and conditions shall prevail.
6. OVERDRAWING YOUR KCB M-PESA ACCOUNT
6.1. No Overdraft will be allowed on your KCB M-PESA Account.
6.2. The Bank is entitled to demand repayment of any money overdrawn from your account
together with interest and penalties.
7. LIEN
7.1. The Bank shall have a general lien over all your property/assets in its possession in the event
that you owe any money to the Bank including but not limited to cash, goods, securities or
valuables deposited for safe custody as security, cheques presented, bills and any other
movable or immovable property charged to secure repayment of any money, whether or
not that money has been repaid, and also over all property in respect of which, by the
general law, the Bank has lien.
7.2. Where you are indebted to the Bank in circumstances giving the Bank a right of set off, all
property held under lien in terms of sub-clause 7.1 hereof shall be deemed to be held as
security for the debt.
7.3. The Bank may at any time give you notice in writing that if an accrued debt is not paid
within a period being not less than 14 days (or such other period specified in the notice)
from the date of receipt by you of the notice then the Bank may, without further notice,
realize sufficient of your assets to discharge the debt. Any part payment made will be
accepted strictly on account and without prejudice to the Bank’s rights.
7.4. You hereby constitute us as your attorney for the purposes of any transaction will be held on
your behalf in relation to your assets for purposes of discharging the debt.
8. SET-OFF
8.1. The Bank may, upon notice, combine/consolidate your KCB M-PESA Account with any of
your other accounts held in the Bank, whether current, loan, savings, deposit, term deposit,
joint or any other type and thereafter set off any amount held to your credit against any
indebtedness you owe to the Bank.
8.2. The Bank may, upon notice to you, set off any amount held to your credit on your M-PESA
Account against any indebtedness you owe to the Bank.
8.3. The Bank may, upon notice to you, set off your KCB M-PESA Account against any other
account or indebtedness in respect of which you are liable, notwithstanding that some
other person may also be liable in respect thereof. In such circumstances, upon receipt of
an indemnity acceptable to the Bank (against costs) and at your expense, the Bank will
give you any assistance necessary in obtaining a refund.
8.4. If the set off is for debt recovery, the Bank will provide you with a detailed breakdown of the
costs and expenses recovered from you together with a justification for such costs and
expenses.
9. STATEMENTS
9.1. You may request for a statement or activity report in respect of your KCB M-PESA Account
from the Bank using your Equipment (“KCB M-PESA Mini Statement”).
9.2. A KCB M-PESA Mini Statement shall provide details of the last 4 (four) transactions (or such
other number of transactions as determined by the Bank) in your KCB M-PESA Account
initiated from your Equipment.
9.3. A KCB M-PESA Mini Statement shall not be sent to you in printed form but shall be delivered
to you either by SMS to the Safaricom Mobile Phone Number associated with your M-PESA
Account or such other electronic means as the Bank may in its discretion determine. You
shall be responsible for the payment of any charges levied by Safaricom in delivering the
KCB M-PESA Mini Statement to you.
9.4. You may obtain printed KCB M-PESA Mini Statements or a printed bank statement
pertaining to your KCB M-PESA Account from the Bank. You shall be responsible for the
payment of any charges levied by the Bank for such printed statements. You also hereby
authorize the Bank to share your KCB M-PESA Account information with Safaricom for this
purpose.
9.5. Save for a manifest error, a KCB M-PESA Mini Statement or bank statement issued to you
aforesaid in respect of your KCB M-PESA Account shall be conclusive evidence of the
transactions carried out on your KCB M-PESA Account for the period covered in the KCB MPESA
Mini Statement and/or bank statement.
9.6. Your statement will show all amounts added or taken from your KCB M-PESA Account during
the period requested and/or since the previous statement. You must check your statement
carefully and tell the Bank as soon as possible if it includes any transaction or other entry
which appears to you to be wrong or not made in accordance with your instructions.
9.7. The Bank reserves the right to rectify discrepancies, add and/or alter the entries in your
statements, without prior notice to you. The Bank will however inform you of any
rectification, additions and or alterations effected on your statements within a reasonable
time after the changes are effected.
9.8. You will be notified of all transactions on your KCB M-PESA Account by way of SMS and the
charges for this service will be debited to your KCB M-PESA Account.
10. CUSTOMER COMPLAINTS
10.1. Complaints may be made in person, in writing, by post, fax, email or by telephone.
10.2. The Bank will take all measures within its means to resolve your complaints within a
reasonable time. All complaints will be handled in accordance with the Bank’s complaints
handling procedures, which are available on request from any KCB branch or the Customer
Care Centre. Where a notification regarding your complaint or any other matter is
expected from the Bank but not received, the complaint must be made within a
reasonable time after non-receipt of such notification.
10.3. Applicable tariffs will be charged by your telephone and internet service provider (s) when
communicating with the Customer Care Centre.
11. INOPERATIVE AND DORMANT ACCOUNTS
11.1. Your KCB M-PESA Account will automatically be classified as inactive if you do not initiate
any transactions on the account for a continuous period of 12 months.
11.2. The Bank shall make reasonable endeavors to inform you of the intended classification of
your KCB M-PESA Account as inactive at least one (1) month before such classification. The
Bank shall, no later than seven (7) days from the date of such classification, inform you of
such classification by way of SMS alerts addressed to your mobile telephone number.
11.3. Your KCB M-PESA Account will be classified as Dormant if it remains inactive for a further
period of 12 months, in which case the account balances shall be transferred from your KCB
M-PESA Account to a central account for security reasons.
11.4. You will not be allowed to transact on an inactive or dormant account but the Bank shall,
upon your written (e.g. letter/email) request, inform you of the procedure to be followed to
activate your inactive/dormant account.
11.5. The Bank may (including without limitation) apply any one or more of the following
conditions to your KCB M-PESA Account upon its classification as Dormant:
i. confirm the validity and authenticity of the first transaction reactivating the account;
ii. suspend the payment of interest (if applicable);
iii. suspend the issuance of statements;
iv. charge a maintenance fee as we may determine from time to time; and
11.6. If your KCB M-PESA Account will not have any transactions initiated by you for a continuous
period of five (5) years or if you shall not have communicated with us for a continuous
period of five (5) years regarding your KCB M-PESA Account, such account will be
presumed abandoned and transferred to the Unclaimed Financial Assets Authority as such.
12. BANK CHARGES AND EXPENSE INTEREST
12.1. The Bank may debit your KCB M-PESA Account with bank fees, commissions, costs and other
charges in respect of the Bank’s products and services provided to you, including but not
restricted to the following:
a) Unless otherwise agreed in writing, interest on overdrawn accounts, loan accounts or
any other facility granted, at any rate or rates as the Bank may determine from time to
time, but not exceeding the maximum allowed by law, which rate or rates may be
different for different accounts. Such interest will be calculated on daily balances and
debited monthly. The Bank will notify you within reasonable time prior to effecting any
change(s) as regards interest rates. Where a higher rate of interest has been agreed, the
Bank may charge such higher rate on any of your accounts. Such interest is payable
notwithstanding the determination of your relationship with the Bank and until you repay
the full amount you owe the Bank in full.
b) Legal charges: Advocate and client charges, costs and expenses incurred in any legal,
arbitration or other proceedings arising out of or connected with your KCB M-PESA
Account;
c) Commissions: Commissions at such rates as the Bank may determine from time to time.
d) Other charges and expenses: In addition to the debits authorised by sub-clauses (a) and
(b) of this clause, all other proper expenses and charges including but not limited to
ledger fees, postage, cables, telephone calls, taxes, duties and impositions. The Bank
may also debit your account with expenses incurred:
i. In complying with your requests;
ii. In complying with the requests of authorized and accredited Government or other
agencies in relation to your account;
iii. In maintaining your Account;
iv. In collecting or attempting to collect any amount of money you owe the Bank;
and
v. Expenses incurred in realizing any security or protecting the subject matter of any
security issued to the Bank.
e) Such penalties as are provided in these Terms and Conditions at any rate or rates as the
Bank may determine from time to time. The penalties will be calculated on daily
balances and debited monthly. Penalties shall be due and payable notwithstanding the
determination of your relationship with the Bank until settlement in full;
f) The Bank will provide you with a detailed breakdown of the costs, charges and expenses
incurred under sub-clauses (a), (b), (c), (d) and (e) of this clause in the account
statements. Please visit your nearest Bank branch for a copy of the complete guide on
the Bank’s Tariffs. The Tariffs are also available on our website at
http://ke.kcbbankgroup.com/media/rates_and_fees/Kenya_Tariff_Guide.pdf.
g) The Bank will give you at least seven (7) days’ notice of intention to effect new charges,
fees, costs and/or commissions by way of email, SMS, letter and/or notices in the daily
newspapers.
13. TAXES
13.1. All payments to be made by you in connection with these terms and conditions are
calculated without regard to any taxes payable by you. If any taxes are payable in
connection with the payment, you must pay the Bank an additional amount equal to the
payment multiplied by the appropriate rate of tax. You must do so at the same time as
making the payment.
13.2. Amounts in your KCB M-PESA Account may be subject to withholding tax in accordance
with applicable law.
13.3. You consent and agree that the Bank may withhold amounts in your KCB M-PESA Account
or any other of your accounts held in the Bank at any time, if any tax authority requires the
Bank to do so, or the Bank is otherwise required by law or pursuant to agreements with any
tax authority to do so, or if the Bank needs to comply with internal policies or with any
applicable order or sanction of a tax authority.
14. SPECIFIC KCB M-PESA ACCOUNTS
14.1. KCB M-PESA Account
14.1.1. As a holder of a KCB M-PESA Account, you will be entitled, subject to these Terms and
conditions, to transfer money from your M-PESA Account and/or make withdrawals
therefrom into your M-PESA Account, and/or to borrow money from the Bank as
follows:
i. You may make deposits into your KCB M-PESA Account or withdraw funds therefrom
using the KCB M-PESA Menu on your Equipment.
ii. You will not be required to notify the Bank in advance of making a deposit or
withdrawal into or from your KCB M-PESA Account.
iii. The Bank shall channel withdrawals from your KCB M-PESA Account into your M-PESA
Account.
iv. You will not be required to pay Transaction Fees or any other charges or
commissions to Safaricom in respect of transactions effected between your M-PESA
Account and your KCB M-PESA Account through the M-PESA System.
v. Transaction Fees and applicable Bank fees, commissions and other charges will
however be charged on all transactions between your other Bank account (s) and
your KCB M-PESA Account, as well as on any transactions on your KCB M-PESA
Account facilitated through KCB Mtaani.
vi. There will be no restrictions on the number of deposits into your KCB M-PESA
Account over any period of time subject to a minimum deposit of Kshs. 1.
vii. Subject to availability of sufficient funds to your credit, the Bank shall impose no
restrictions on the number of withdrawals you may make from your KCB M-PESA
Account over any period of time. You may withdraw up to the maximum allowable
limit under the M-PESA Service.
viii. The maximum deposit limit on your KCB M-PESA Account shall be Kshs.
1,000,000/= or such other minimum or maximum amount as the Bank may from time
to time in its sole discretion determine. Your deposits shall however not exceed Kshs.
250,000 except with the Bank’s prior written approval and subject to your
compliance with such further or other conditions and documentation as may be
required by the Bank.
ix. Through the KCB M-PESA Menu on your Equipment, you may establish standing
orders and instruct the Bank to make loan repayments and establish term deposits
using funds from your KCB M-PESA Account.
x. As a holder of a KCB M-PESA Account, you may, subject to these terms and
conditions, apply for a loan from the Bank using the KCB M-PESA Menu on your
Equipment.
14.2. KCB M-PESA Transaction Account
14.2.1. Only holders of KCB M-PESA Accounts will be eligible to open KCB M-PESA Transaction
Accounts.
14.2.2. Interest on deposits in your KCB M-PESA Transaction Account will be calculated at the
rate of 2% per annum and will be paid into your KCB M-PESA Transaction Account at
periodic intervals as determined by the Bank.
14.2.3. Interest shall accrue to the credit balance on the account and shall be calculated
based on your end-of-day balance and will be credited into your KCB M-PESA
Transaction Account on a yearly basis.
14.2.4. We reserve the right to vary interest rates from time to time and will reasonably
endeavour to give prior notice of the changes in the interest rates by way of SMS to your
Equipment. If you do not receive such prior notice we will not be prevented from
changing the interest rate.
14.2.5. The maximum savings limit on your KCB M-PESA Transaction Account shall be Kshs.
1,000,000/= or such other minimum or maximum amount as the Bank may from time to
time in its sole discretion determine. If you however wish to save any amount above Kshs.
250,000 in your KCB M-PESA Transaction Account, you must provide the Bank with such
further documentation and comply with any other or further conditions as may be
required by the Bank.
14.2.6. The Maximum savings transfer into your KCB M-PESA Transaction Account from M-PESA
shall be a maximum of Kshs. 140,000 per day.
14.2.7. The maximum deposit transfer into your KCB M-PESA Transaction Account from M-PESA
shall be Kshs. 70,000 per deposit transaction.
14.2.8. Deposit via KCB Mobi and agents will see a minimum transfer of Ksh. 100 and a
maximum transfer of Ksh. 100,000.
14.2.9. Deposit via KCB branches will have no maximum limit on deposit.
14.2.10. The Minimum deposit for your KCB M-PESA Transaction Account and minimum
transferrable amount from your KCB M-PESA Transaction Account shall be Kshs. 1.
14.2.11. You will be entitled to a personal accident cover in the event that your KCB MPESA
Transaction Account has at least Kshs. 5,000/= to your credit.
14.2.12. You shall not be entitled to overdraw your KCB M-PESA Transaction Account.
14.2.13. In the event that your KCB M-PESA Transaction Account does become
overdrawn, debit interest shall accrue to the account on the debit balance. The debit
interest shall be equal to the maximum unauthorized overdraft rate levied on Bank
current accounts.
14.3. KCB M-PESA Fixed Savings Accounts
14.3.1. You may from time to time Request the Bank to lock the deposits held in your KCB MPESA
Account as a term deposit for such specified duration, interest rate and other
terms as may be agreed between you and the Bank.
14.3.2. Term Deposits are available for different durations (for instance 1 month, 3 months, 6
months or 1 year) and you shall select your desired duration through the KCB M-PESA
Menu on your Equipment. The minimum term deposit period will be one (1) month.
14.3.3. The interest rates on fixed savings will be determined on the basis of the duration of the
term deposit as follows:
i. 1 month: 3% per annum
ii.3 months: 4% per annum
iii. 6 months: 5% per annum
iv. 12 months: 6% per annum
14.3.4. We reserve the right to vary interest rates from time to time and will reasonably
endeavour to give prior notice of the changes in the interest rates by way of SMS to your
Equipment. If you do not receive such prior notice we will not be prevented from
changing the interest rate.
14.3.5. In order to effect your term deposit, you may deposit the agreed term deposit amount
into your KCB M-PESA Account from your M-PESA Account or KCB M-PESA Account. You
may also Request that the amount held in your KCB M-PESA Account or part thereof be
locked as a Term Deposit.
14.3.6. The minimum term deposit will be Kshs. 500/= and the maximum term deposit amount
shall be Kshs. 1,000,000/= or such other minimum or maximum amount as the Bank may
from time to time in its sole discretion determine.
14.3.7. Depositing additional funds during the term of the fixed savings account is not allowed.
14.3.8. Your Term Deposit will mature on the relevant anniversary of the date the deposit was
opened, or if this is a non-business day, the next business day. The Bank will send you a
reminder of the maturity date at least thirty (30) days prior thereto. If the Bank does not
hear from you up to 5 business days prior to the date of maturity, the monies will be
rolled over in your name as per your latest instruction held with the Bank or, in the
absence of any disposal at maturity instructions, into a new Term Deposit of the same
term as the maturing Term Deposit and at the then prevailing interest rates.
14.3.9. The rate of interest will be fixed at the time of issue of the Term Deposit.
14.3.10. Interest on the Term Deposit is calculated on the principal investment amount
and will not be compounded (unless you are advised otherwise in writing). Interest will
only be paid on the maturity date of those Term Deposits of a period of one (1) year or
less. Where the Term Deposits run for a period of above one (1) year interest will be paid
at agreed intervals within the term of the Term Deposit. However you have the option to
have the interest paid on the maturity date upon notifying the Bank of such Request.
14.3.11. Early withdrawal of fixed savings will be permitted on condition that the entire
interest accrued will be forfeited. There will be no requirement for a notice of withdrawal
of the term deposit and the funds held in term deposit will be transferred to your KCB MPESA
Account upon your Request. Please note that you must withdraw the entire
Principal amount as partial withdrawals are not allowed.
14.3.12. All payments, whether of interest or principal will be made by an automated
credit into your KCB M-PESA Account. There may be a charge for any other means of
transfer requested by you.
14.3.13. The Bank reserves the right either to decline or open a Term Deposit.
14.3.14. Funds held in term deposit will be taken into account in determination of your
credit limit.
14.4. KCB M-PESA Target Savings Accounts
14.4.1. To establish a Target savings Account, you must have a KCB M-PESA Account.
14.4.2. You may from time to time Request the Bank to open a Target savings Account in your
name, into which you may save a set target amount by making regular contributions
towards achievement of the set target amount (the Target Account).
14.4.3. The minimum target amount shall be Kshs. 1,000/= and the minimum contribution
towards achievement of the target will be Kshs. 50 per deposit.
14.4.4. The interest rates on term deposits will be determined on the basis of the duration of the
term deposit as follows:
v. 1 month: 3% per annum
vi. 3 months: 4% per annum
vii. 6 months: 5% per annum
viii. 12 months: 6% per annum
14.4.5. Targets may be achieved within set durations (for instance 1 month, 3 months, 6 months
or 1 year) subject to a minimum target period of one (1) month.
14.4.6. The Target savings account will be subject to interest as shall be determined by the bank
from time to time.
14.4.7. You may deposit your contribution into your Target Account by way of a standing order
from your KCB M-PESA Account or M-PESA Account in such frequency as may be
agreed with the Bank.
14.4.8. Upon achievement of your target amount, the Bank may, at its sole discretion, issue you
with a reward(s) to be determined from time to time.
14.4.9. No notice of withdrawal will be required prior to withdrawal of the target funds from your
Target Account. Please note that you must withdraw the entire Principal amount, as
partial withdrawals are not allowed.
14.4.10. You can only open one target savings account at a time.
14.4.11. Early withdrawal of Target savings will be permitted. The customer will however
earn interest to the cumulative date. There will be no requirement for a notice of
withdrawal of the term deposit and the funds held in term deposit will be transferred to
your KCB M-PESA Account upon your Request. Please note that you must withdraw the
entire Principal amount as partial withdrawals are not allowed.
15. KCB M-PESA LOANS
15.1. In order to qualify for a KCB M-PESA Loan, you must be at least 18 years old, a registered
and active M-PESA subscriber for at least six (6) months and an active KCB M-PESA Account
holder.
15.2. Upon opening your KCB M-PESA Account, you will receive a confirmation message bearing
your credit limit. You may thereafter, subject to these terms and conditions, apply for an
emergency loan or device financing loan using the request loan menu on the KCB M-PESA
Menu on your Equipment. The Transaction Fees payable for transactions effected in respect
of your KCB M-PESA Account from time to time will apply to any transactions effected in
respect of your KCB M-PESA Loan.
15.3. Customers who do not have an allocated credit limit will be required to save and build a
history to get a credit score.
15.4. As you apply for the loan, you will be able to select your preferred loan repayment period
from the KCB M-PESA Menu on your Equipment. The available repayment period options on
the KCB M-PESA Menu will be for repayment within 30 calendar days, 90 calendar days and
180 calendar days respectively.
15.5. Your KCB M-PESA Loan application will be appraised according to the applicable loan
appraisal processes of the Bank. The Bank reserves the right at its sole discretion and without
assigning any reason to approve or decline your application for a loan.
15.6. Acceptance or rejection by the Bank of your application for a KCB M-PESA Loan shall be
done via SMS sent to the Mobile Phone Number associated with your KCB M-PESA Account.
15.7. Subject to approval of your application for a loan, the Bank shall disburse to you a loan of
an amount to be determined by the Bank in its sole discretion subject to a minimum amount
of Kenya Shillings one hundred (Kshs. 100) and a maximum amount of Kenya Shillings one
million (Kshs. 1,000,000) or such other minimum or maximum amount as the Bank may from
time to time in its sole discretion determine.
15.8. The Bank will directly credit the loan proceeds into your KCB M-PESA Deposit Account
subject to any deductions on account of applicable Transaction Fees and interest charges.
15.9. You may only withdraw the loan from your KCB M-PESA Account in accordance with
Clause 14.1.1 (iii). Transactions between your KCB M-PESA Account and your M-PESA
Account will be subject to the deposit and withdrawal limits under the M-PESA Service.
15.10. In consideration of the Bank granting you the loan, you shall pay the Bank interest as follows:
i. 30 day loan at 6% per month
ii. 90 day loan at 5% per month
iii. 180 day loan at 4% per month
15.11. The customer loan will be issued net of interest
15.12. You shall make all payments due from you to the Bank in respect of the loan and
Transaction Fees through your M-PESA Account, your KCB M-PESA Account, KCB branch or
KCB Mtaani Agent.
15.13. In the event that you do not repay the loan in full within the agreed repayment period, the
Bank will automatically roll over any outstanding amount in respect of the loan for a further
period of thirty (30) calendar days.
15.14. In consideration of the Bank forbearing to demand the immediate payment of the
outstanding amount due in respect of your loan and rolling over the same pursuant to
Clause 15.13, you shall, in addition to paying the outstanding amount in respect of the loan
any outstanding fee, pay to the Bank a roll-over fee to be advised prior to effecting the rollover
of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).
15.15. You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or
attempting to obtain payment of any loan owed under your KCB M-PESA Loan Account.
15.16. The Bank shall be entitled to terminate this Agreement and close your KCB M-PESA Account
in accordance with the provisions of Clause 20 without prejudice to any of its rights
accruing hereunder if you fail to repay the loan and/or the Transaction Fees due thereon
within the agreed repayment period.
15.17. The Bank shall utilize funds in any other accounts opened and operated by you to offset
any amounts outstanding and due from you to the Bank in respect of your loan.
15.18. The Bank shall utilize the funds held in your M-PESA Account to pay off any amounts
outstanding from your loan. The Bank shall only exercise this option after giving you notice
and after setting off all other funds held by the Bank.
15.19. The Bank reserves the right to vary the terms of the loan including the interest rate and fees
payable thereon from time to time having regard to the prevailing rules and regulations of
the Central Bank of Kenya and the policies of the Bank.
15.20. You hereby expressly consent and authorize the Bank to disclose, respond, advise
exchange and communicate the details or information pertaining to your KCB M-PESA
Account and or loan to Credit Reference Bureaus or any regulator or authority as required
under the Banking Act, the Banking Act (Credit Reference Bureau Regulations), 2013, as
published, amended or revised from time to time or any other law.
15.21. You also hereby expressly consent and authorize the Bank to disclose, respond, advise
exchange and communicate the details or information pertaining to your KCB M-PESA
Account and or loan to third Parties involved in the administration of your KCB M-PESA
Account and or loan, underwriting of insurance policies, updating of databases, or
provision of user support.
16. KCB M-PESA Account and KCB M-PESA Account
16.1.1. The customer will be able to send money from one KCB M-PESA account to another
KCB M-PESA account.
16.1.2. M-PESA limits will apply and normal person to person M-PESA charges will be applicable.
16.2. KCB M-PESA Account Standing Order
16.2.1. Customers will be able to place standing orders from:
16.2.1.1. M-PESA to KCB M-PESA Account
16.2.1.2. M-PESA to Target savings Account
16.2.1.3. KCB M-PESA Account to Target savings account
16.2.2. The customer will be able to stop a standing order
16.2.3. The customer can have only one standing order account
16.3. KCB M-PESA Account Invite a Friend
16.3.1. Customers will be able to invite friends and family to open an KCB M-PESA account
16.3.2. Customers will be able to earn Ksh. 50 cash if the individual invited opens and deposits
Ksh. 100 to the KCB M-PESA Account.
17. DISCLOSURE
17.1. You hereby expressly consent and authorize the Bank to disclose receive record or utilize
your personal information or information or data relating to your KCB M-PESA Account and
any details of your use of the Services:
17.1.1. to and from the Bank’s service providers, dealers, agents or any other company that
may be or become the Bank’s subsidiary or holding company for reasonable
commercial purposes relating to the Services;
17.1.2. to a Credit Reference Bureau;
17.1.3. to the Bank’s lawyers, auditors or other professional advisors or to any court or arbitration
tribunal in connection with any legal or audit proceedings;
17.1.4. to Safaricom in connection with the M-PESA Service and the Services;
17.1.5. for reasonable commercial purposes connected to your use of the Services, such as
marketing and research related activities; and
17.1.6. in business practices including but not limited to quality control, training and ensuring
effective systems operation.
17.2. You authorize the Bank to disclose any information relating to your KCB M-PESA Account to
any local or international law enforcement or governmental agencies so as to assist in the
prevention, detection, investigation or prosecution of criminal activities or fraud or to any
other institution or third party as required by the laws of any country and as the Bank may
deem necessary.
17.3. In the event of death, your estate administrator will be granted access to your KCB M-PESA
Account upon production of the letters of administration or grant of probate for the
purposes specified in the letters of administration or grant of probate and thereafter the
account proceeds will be dealt with in accordance with the confirmed grant of letters of
administration or confirmed grant of probate. Where the funds in your KCB M-PESA Account
are less than Kshs 30,000= or such amount as may be notified by the Bank, the funds will be
credited to your nominated M-PESA Account next of kin.
18. YOUR EQUIPMENT AND RESPONSIBILITIES
18.1. You shall at your own expense provide and maintain in safe and efficient operating
order your Equipment necessary for the purpose of accessing the System and the Services.
18.2. You shall be responsible for ensuring the proper performance of your Equipment. The Bank
shall neither be responsible for any errors or failures caused by any malfunction of your
Equipment, and nor shall the Bank be responsible for any computer virus or related
problems that may be associated with the use of the System, the Services and the
Equipment. You shall be responsible for charges due to any service provider providing you
with connection to the Network and the Bank shall not be responsible for losses or delays
caused by any such service provider.
18.3. You shall follow all instructions, procedures and terms contained in these terms and
conditions and any document provided by the Bank concerning the use of the System and
Services.
18.4. You agree and acknowledge that you shall be solely responsible for the safekeeping and
proper use of your Equipment and for keeping your KCB M-PESA PIN secret and secure. You
shall ensure that your KCB M-PESA PIN does not become known or come into possession of
any unauthorized person. The Bank shall not be liable for any disclosure of your KCB MPESA
PIN to any third party and you hereby agree to indemnify and hold the Bank
harmless from any losses resulting from any KCB M-PESA PIN disclosure.
18.5. You shall take all reasonable precautions to detect any unauthorized use of the System and
the Services. To that end, you shall ensure that all communications from the Bank are
examined and checked by you or on your behalf as soon as practicable after receipt by
you in such a way that any unauthorized use of and access to the System will be detected.
18.6. You shall immediately inform the Bank through the Customer Care Centre in the event that:
18.6.1. You have reason to believe that your KCB M-PESA PIN is or may be known to any person
not authorized to know the same and/or has been compromised; and/or
18.6.2. You have reason to believe that unauthorized use of the Services has or may have
occurred or could occur and a transaction may have been fraudulently input or
compromised.
18.7. You shall at all times follow the security procedures notified to you by the Bank from
time to time or such other procedures as may be applicable to the Services from time to
time. You acknowledge that any failure on your part to follow the recommended security
procedures may result in a breach of your KCB M-PESA Account’s confidentiality. In
particular, you shall ensure that the Services are not used or Requests are not issued or the
relevant functions are not performed by anyone other than a person authorized to do so.
18.8. You shall not at any time operate or use the Services in any manner that may be prejudicial
to the Bank.
19. EXCLUSION OF LIABILITY
19.1. The Bank shall not be responsible for any loss suffered by you should the Services be
interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or
(b) any other circumstances whatsoever not within the Bank’s control including, without
limitation, force majeure or error, interruption, delay or non- availability of the System,
terrorist or any enemy action equipment failure, loss of power, adverse weather or
atmospheric conditions, and failure of any public or private telecommunications system.
19.2. The Bank will not be liable for any losses or damage suffered by you as a result of or in
connection with:-
19.2.1. unavailability of sufficient funds in your M- PESA Account and/or in your KCB M-PESA
Account;
19.2.2. failure, malfunction, interruption or unavailability of the System, your Equipment, the
Network, M-PESA System and/or M- PESA Service;
19.2.3. the money in your KCB M-PESA Account being subject to legal process or other
encumbrance restricting payments or transfers thereof;
19.2.4. your failure to give proper or complete instructions for payments or transfers relating to
your KCB M-PESA Account;
19.2.5. any fraudulent or illegal use of the Services, the System and/or your Equipment; or
19.2.6. Your failure to comply with these Terms and conditions and any document or
information provided by the Bank concerning the use of the System and the Services.
19.3. If for any reason other than a reason mentioned in subparagraphs 19.1 or 19.2, the Services
are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect
thereof shall be to re-establish the Services as soon as reasonably practicable.
19.4. Save as provided in subparagraph 19.3 the Bank shall not be liable to you for any
interference with or unavailability of the Services, howsoever caused.
19.5. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated
savings or for any indirect or consequential loss or damage of whatever kind, howsoever
caused, arising out of or in connection with the Services even where the possibility of such
loss or damage is notified to the Bank.
19.6. All warranties and obligations implied by law are hereby excluded to the fullest extent
permitted by law.
20. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the System (and any
amendments, upgrades or enhancements thereto from time to time) and all associated
documentation that the Bank provides to you through the System or otherwise are vested
either in the Bank or in other persons from whom the Bank has a right to use and to sublicense
the System and/or the said documentation. You shall not infringe any such
intellectual property rights. You shall not duplicate, reproduce or in any way tamper with
the System and associated documentation without the prior written consent of the Bank.
21. INDEMNITY
21.1. In consideration of the Bank complying with your instructions or Requests in relation the KCB
M-PESA Account, you undertake to indemnify the Bank and hold it harmless against any
loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains
thereby and you absolve the Bank from all liability for loss or damage which you may sustain
from the Bank acting on your instructions or requests or in accordance with these Terms and
conditions.
21.2. The indemnity in clause 21.1 shall also cover the following:
21.2.1. All demands, claims, actions, losses and damages of whatever nature which may be
brought against the Bank or which it may suffer or incur arising from its acting or not
acting on any Request or arising from the malfunction or failure or unavailability of any
hardware, software, or equipment, the loss or destruction of any data, power failures,
corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage,
terrorism, any other event beyond the Bank’s control, interruption or distortion of
communication links or arising from reliance on any person or any incorrect, illegible,
incomplete or inaccurate information or data contained in any Request received by
the Bank.
21.2.2. Any loss or damage that may arise from your use, misuse, abuse or possession of any
third party software, including without limitation, any operating system, browser software
or any other software packages or programs
21.2.3. Any unauthorized access to your KCB M-PESA Account or any breach of security or any
destruction or accessing of your data or any destruction or theft of or damage to any of
your Equipment.
21.2.4. Any loss or damage occasioned by the failure by you to adhere to these terms and
conditions and/or by supplying of incorrect information or loss or damage occasioned
by the failure or unavailability of third party facilities or systems or the inability of a third
party to process a transaction or any loss which may be incurred by the Bank as a
consequence of any breach by these Terms and conditions.
21.2.5. Any damages and costs payable to the Bank in respect of any claims against the Bank
for recompense for loss where the particular circumstance is within your control.
22. VARIATION AND TERMINATION OF RELATIONSHIP
22.1. The Bank may at any time, upon notice to you, terminate or vary its business relationship
with you and close your KCB M-PESA Account and in particular but without prejudice to the
generality of the foregoing the Bank may cancel credits which it has granted and require
the repayment of outstanding debts resulting therefrom within such time as the Bank may
determine.
22.2. Without prejudice to the Bank rights under clause 22.1, the Bank may at its sole discretion
suspend or close your KCB M-PESA Account:
22.2.1. if you use the KCB M-PESA Account for unauthorized purposes or where the Bank detects
any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of
the Services;
22.2.2. if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;
22.2.3. if the Bank is required or requested to comply with an order or instruction of or a
recommendation from the government, court, regulator or other competent authority;
22.2.4. if the Bank reasonably suspects or believes that you are in breach of these terms and
conditions (including non-payment of any Loan amount due from you where
applicable);
22.2.5. where such a suspension or variation is necessary as a consequence of technical
problems or for reasons of safety;
22.2.6. to facilitate update or upgrade the contents or functionality of the Services from time
to time;
22.2.7. where your account becomes inactive or dormant;
22.2.8. If the Bank decides to suspend or cease the provision of the Services for commercial
reasons or for any other reason as it may determine in its absolute discretion.
22.3. You may close your KCB M-PESA Account at any time at any Customer Care Centre.
22.4. If your KCB M-PESA Account has any credit balance at the time of its closure, we will return
any such balance to you, less any applicable fees. If your KCB M-PESA Loan Account is in
arrears at the time of closure of your KCB M-PESA Account, you agree to pay to us
immediately all amounts you owe us.
22.5. Termination shall however not affect any accrued rights and liabilities of either party.
22.6. If the Bank receives notice of your demise, the Bank will not be obliged to allow any
operation or withdrawal from your KCB M-PESA Account by any person except upon
production of administration letters from a competent authority or confirmed grant of letters
of administration or confirmed grant of probate by your legal representatives duly
appointed by the Court.
23. MISCELLANEOUS
23.1. These terms and conditions (as may be amended from time to time) form a legally binding
agreement binding on you and your personal successors.
23.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you
to any other person.
23.3. The Bank may vary or amend these terms and conditions and the Transaction Fees at any
time and without notice to you. Any such variations or amendments may be published in
posters or pamphlets available at Safaricom’s Agents outlets, Bank branches, in the daily
newspapers, on the Bank and/or Safaricom’s website and/or by any other means as
determined by the Bank and any such variations and amendments shall take effect
immediately upon publication.
23.4. No failure or delay by either yourself or the Bank in exercising any right or remedy hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
remedy prevent any further or other exercise thereof or the exercise of any other right or
remedy.
23.5. The rights and remedies herein provided are cumulative and not exclusive of any rights or
remedies provided by law.
23.6. If any provision of these terms and conditions shall be found by any duly appointed
arbitrator, court or administrative body of competent jurisdiction to be invalid or
unenforceable the invalidity or unenforceability of such provision shall not affect the other
provisions herein.
23.7. Any addition or alteration to these Terms and Conditions may be made from time to time by
the Bank and of which notice has been given to you by way of publication as provided in
subparagraph 21.3 shall be binding upon you as fully as if the same were contained in these
terms and conditions.
24. NOTICES
24.1. The Bank may send information concerning the KCB M-PESA Account via SMS to the
Safaricom Mobile Phone number associated with your M- PESA Account.
24.2. You acknowledge that you have no claim against the Bank for damages resulting from
losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to
transmission of any communication pertaining to the KCB M-PESA Account.
25. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
25.1. You may contact the Customer Care Center to report any disputes, claims or KCB M-PESA
Account discrepancies.
25.2. Any dispute arising out of or in connection with this Agreement that is not resolved by
Customer Care Centre representatives shall be referred to arbitration by a single arbitrator
to be appointed by agreement between the parties or in default of such agreement within
60 days of the notification of a dispute, upon the application of either party, by the
Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such
arbitration shall be conducted in the English language in Nairobi in accordance with the
Rules of Arbitration of the said Institute and subject to and in accordance with the provisions
of the Arbitration Act.
25.3. To the extent permissible by Law, the determination of the Arbitrator shall be final,
conclusive and binding upon the parties hereto.
25.4. This Agreement shall be governed by and construed in accordance with the laws of the
Republic of Kenya.
No comments: