The African e-Commerce Week
recently held in Nairobi provided a platform to discuss the importance
of digital trade for Africa’s development and structural transformation.
Different panelists spoke of its potential to generate benefits and
opportunities that could empower and promote
inclusive growth. Agriculture, MSMEs, women traders and the youth were identified as potential gainers. With regards to digitisation, Kenya was singled out as a global benchmark in the advancement of mobile money technologies for broader financial inclusion.
inclusive growth. Agriculture, MSMEs, women traders and the youth were identified as potential gainers. With regards to digitisation, Kenya was singled out as a global benchmark in the advancement of mobile money technologies for broader financial inclusion.
Dating back to March
2007, mobile money platforms in the country have provided financial
services to the unbanked, made it easier to transact business as well as
conveniently pay utility bills. At present, mobile money lending
services is the latest innovation in the arena with numerous
applications offering instant loans which are disbursed via mobile
money.
These mobile money lending applications or so
called loan apps have made it faster and easier for customers to borrow
unsecured loans with varying repayment periods and interest rates.
The
loans, if put in the right use, can enable a small-scale trader acquire
business stock; assist a parent to take care of a medical emergency; or
fund an unexpected trip among many other examples.
Despite
these gains, Kenya does not have institutional and legal frameworks
targeting the novel digital lenders. Are they, for instance, classified
as commercial banks, non-banking financial institutions or micro finance
providers or private lenders? In light of the growing competition by
various players to lend out money digitally to customers, a clear cut
categorization would determine which specific regulations would be
applicable to them.
Serious consumer issues also arise
out of these facilities as many of the borrowers are able to access
simultaneous loans from different mobile lenders. This leads them into a
debt trap. Furthermore, disclosure of the total cost of credit and
terms and conditions of the loans are usually not clear to the digital
borrowers who select “I Agree” without necessarily reading them.
Consumers
therefore make uninformed decisions when they apply for the loans and
suffer the consequences associated with the burden of servicing the
repayments. Many borrowers have been adversely listed in credit
reference bureaus as a result, thus, locking them out of future loans
from other mobile lenders as well as more established financial
institutions.
The Draft Financial Markets Conduct Bill,
2018 seeks to address some of these challenges arising from the
adoption and usage of mobile money lending services.
Specifically,
Section 51 of the Bill sets the ground for lender-borrower
relationships and compels the former to accord fair treatment and
provide and full information to their customers with a view to avoiding
over-indebtedness and multiple borrowing. Nonetheless, the Bill does not
have any clauses on mobile money lending platforms.
COLLINS OWEGI, Programme officer, Consumer Unity and Trust Society.
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