Linturi sues Co-operative Bank over debit card failure

Igembe South MP Mithika Linturi. FILE 

By GALGALLO FAYO

In Summary

• Mr Linturi claims that his attempt to purchase goods at Nakumatt Junction supermarket using his debit card failed as shoppers on the queue watched, causing him embarrassment.

Igembe South MP Mithika Linturi has sued Co-operative Bank after a debit card issued by the lender failed to process payment for goods purchased at Nakumatt supermarket.

The legislator is seeking unspecified amount of money in compensation as damages and that the lender pays his legal cost, arguing that the incident was breach of contract.

On Thursday, Justice Jonathan Havelock directed lawyers representing Mr Linturi and the bank to agree on issues to be determined by the court in the suit or file separately by November 5.

Mr Linturi claims that his attempt to purchase goods at Nakumatt Junction supermarket using his debit card failed as shoppers on the queue watched, causing him embarrassment.

“Failure to honour the plaintiff transaction by the defendant caused the plaintiff great embarrassment in the eyes of the public who were at the supermarket at the time he was purchasing goods,” says Mr Linturi in a court document.

The suit mirrors that of Nicholas Ombija, a former judge who was awarded Sh2.5 million in 2009 after he sued Kenya Commercial Bank over a failed visa transaction, arguing that it caused him embarrassment.

Mr Ombija was found unfit to serve by the Judges and Magistrates Vetting board, but has since appealed the decision and is awaiting fresh screening.

Mr Linturi in his suit alleges that on August 4, 2011 his attempt to pay for goods worth Sh194,270 using the card at Nakumatt Junction was declined. He claims that at the time his current account with Co-op Bank had Sh2,697,389, money that was more than enough to cater for the transaction.

But the bank in its response argues that decline of the transaction in respect to any of its customer is never revealed to any third party and therefore cannot cause embarrassment.

Co-op Bank further says its employees were not at the point of sale when the transaction was declined and therefore cannot be held liable for the card failure.

Mr Linturi claims the incident portrayed him as someone who is unable to manage his finances, cannot pay his bills, who should be shunned by the members of the public and unfit to be a member of parliament.