By JAMES ANYANZWA
In Summary
- The noose is tightening on bad debtors, with settling of Sacco loans now also added to factors — which will from January 2017 be used to determine a borrower’s creditworthiness.
- The Finance Act 2016 gazetted last week also allows lenders, the utility firms and credit reference bureaus to share borrower information with their counterparts in the East African region.
- Ideally, the riskier borrower should procure the services at a premium interest rate but under a practice adopted by the financial sector, defaulters are being denied facilities until they settle outstanding debts or reach fresh repayment terms with the respective creditor.
Failure to pay electricity, water and telephone bills could
now land Kenyans on the list of defaulters at the credit reference
bureau and deny them access to loans.
The noose is tightening on bad debtors, with settling of Sacco
loans now also added to factors — which will from January 2017 be used
to determine a borrower’s creditworthiness.
The Finance Act 2016, which was signed into law two weeks ago by
President Uhuru Kenyatta amends the Banking Act to allow power, water
and telecommunications firms to refer defaulters to credit reference
bureaus.
The Act gazetted last week also allows lenders, the utility
firms and credit reference bureaus to share borrower information with
their counterparts in the East African region.
The law intends to broaden the basis for establishing the risks
related to a borrower’s character which would raise the red flag to
lenders and suppliers of other goods and services on credit.
Metropol Credit Reference Bureau (CRB) managing director Sam
Omukoko said expanding credit information sharing to Saccos and utility
companies would enhance the Bureaus measurement of the borrowers’ risk
profiles.
“Collecting credit information from Saccos and utility companies
will now increase the visibility of the customers since we will be able
to collect data from various sources which also enhances our
measurement of risk profiles. The more we see what a customer is doing
the more we can predict his or her action tomorrow,” said Mr Omukoko.
Ideally, the riskier borrower should procure the services at a
premium interest rate but under a practice adopted by the financial
sector, defaulters are being denied facilities until they settle
outstanding debts or reach fresh repayment terms with the respective
creditor.
Already the Nairobi City Water and Sewerage Company has warned
customers of immediate disconnection without further notice as soon as a
bill falls into arrears.
“Please pay now to avoid the disruption of your services and
your name being shared with the Credit Reference Bureau,” the notice
sent via SMS to individual customers states.
The use of utility bills in determining credit worthiness is
expected to lessen the collection burden on suppliers, obligates
customers to settle bills promptly and creates a new income stream for
credit reference services who charge Ksh100 ($1) for each report issued.
According to Kenya Power chief executive Dr Ben Chumo the new
law is significant in debt management particularly to post-paid
customers. “This is very important for debt management particularly with
post-paid metering but most of our customers are increasingly on
prepaid metering,” he said.
However, the law also means that utility companies especially in
the water and electricity sector will have to invest more in robust
systems to minimise disputes arising from erroneous billing and wrong
referencing to CRBs for which customers can sue for damages.
Even before the Finance Act comes into force next year, Saccos
have out of prudence been getting credit records of their members from
CRBs and using them to deny facilities to borrowers with bad habits. The
Higher Education Loans Board has also been referring defaulters to
CRBs.
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