Dearl Listers, I have been asking myself what is the role of The Office of the Data Protection Commission in all this. I think this is squarely on their plate as a Commission. I am okay with the Class Action lawsuit because this is not the first time such cases have happened. Regards, Willis Muriu +254 715 530 349 On Tue, Oct 25, 2022 at 9:34 PM Mike Theuri via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
JG,
Thank you for these additional details. I will pass on the same to the individual(s) for their information.
The legal route seems inevitable, many have no credible avenue for redress and are suffering from losses incurred.
On exhaustive measures, the reporting on the first case is worth a read on the hurdles many consumers face in resolving such issues ie arbitration/tribunal etc, Re: US man who sued Safaricom for Sh4,300 due to fraud loses case
Regards,
Mike
On Tue, Oct 25, 2022 at 7:21 AM James Mbugua <jgmbugua@gmail.com> wrote:
Listers,
There is a class action lawsuit that has been filed against Safaricom for the same and other victims have been asked to join the suit. See attached.
They are taking people all this week as well.
Straight up Negligence they are going to lose, there is no question about that. The only legal intrigue there is what contributory Negligence the court might be willing to attach in some of the cases and how damages will be split.
The other issues will be the culpability of CA which is a named respondent, as well as the Central Bank of Kenya which regulates M-PESA, which has not.
The inability or reluctance of regulators to do their job was inevitably going to lead to the Court's stepping in to mark down the law.
For those who wish to join the case see details in the cutting attached.
You can also reach me on WhatsApp 0721321819 I put you in touch with the advocate handling it.
Regards,
JG
On Tue, 25 Oct 2022, 10:18 Mike Theuri via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Hi Barrack,
Thank you for the insight. I hope the CA will communicate with citizens who are facing this predicament. Unknown to me at the time of posing the query, the party cited in the Citizen article has filed the case as a class action. I believe the service provider and the authority are respondents in the same. Hopefully this will not preclude them from addressing this issue.
There are citizens who simply want such issues resolved without resorting to legal contests and lengthy procedures that lead to nowhere. It is unfortunate that some staff seem to have succumbed to a lack of integrity by virtue of their location. Safaricom taking action is commendable but more needs to be done to discourage others from attempting the same in a situation where some may rationalise that the risk justifies the "reward" even if they are sent home .
I cannot speak as to what the service providers internal controls are, however in sensitive data systems, audit trails of who accessed data, who altered it and when etc should be bare minimum measures. I have checked with one of the victims of such a swap (not a party to any of the mentioned cases) and they are still trying avenues to get the attention of the authorities in what appears to be a syndicate involving more than the just the service provider but staff in financial institutions and third parties who are specialising in identity theft. Something drastic needs to be done to protect consumers before these syndicates cause irreversible harm to many. Hopefully that will be done without delay.
Mike
On Sun, Oct 23, 2022 at 1:44 AM Barrack Otieno <barrack@kictanet.or.ke> wrote:
Hi Mike,
This is quite unfortunate. The Communications Authority has the ultimate responsibility of protecting consumers, they are on the mailing list with us. It would be great to hear their position on this issue. Be that as it may, service providers such as Safaricom have been taking action lately <https://www.standardmedia.co.ke/business/article/2001458438/safaricom-fires-24-employees-for-m-pesa-fraud>. It seems this issue became more prevalent the moment employees started working from home under limited supervision. It appears staff do not espouse the same value systems they have in the offices at home which could be a discussion for another day. I hope the Communication Authority can pronounce itself on the issue.
On Thu, Oct 20, 2022 at 10:02 AM Mike Theuri via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
There seem to be a number of sim swaps reports that point to possible insider actions within the service provider. Ostensibly such swaps seem to target Kenyans traveling or living outside the country for an extended period of time.
The most likely way they seem to happen would be if the service provider employers were involved in facilitating the swap.
As these tend to be Kenyans resident outside the country, what recourse or measures can they take to ensure the problem is addressed and action is taken against the culprits?
Are there regulatory contacts and/or corporate officers other than customer service where such issues can be drawn attention to, more so for individuals who cannot present themselves in person by virtue of being outside the country?
Are there alternative consumer protections that exist where a provider cannot be expected to credibly investigate and implicate itself in such actions for liability reasons or alternatively where procedures are employed in such a way that a consumer faces numerous hurdles and laborious procedures to resolving such issues?
Being asked by some of the likely actors of the swap to report such issues to a police station which is thousands of kilometres away is impractical in a timely fashion. Particularly when it appears the acts are being carried out within the service provider by employees taking advantage of Kenyans they determine to be living abroad and likely in collusion with 3rd parties.
More detail in the below articles. In the first instance, the complainant's comment in response to the news article offers more context to their complaint, they appear not to have exhausted procedures outlined in "Terms and Conditions". While they did not succeed in the court case, it is apparent they were able to prove the aspects of insider actions. Without insider collusion such acts would be difficult if not impossible to carry out.
Regards,
Mike
US man who sued Safaricom for Sh4,300 due to fraud loses case
https://www.facebook.com/standardkenya/posts/pfbid0gdoH1xbvRh8SUtcw195SX1bUC...
Man In Court Seeking Ksh.400K From Safaricom
https://www.citizen.digital/news/man-in-court-seeking-ksh400k-from-safaricom...
Incident 3 involving customercare@safaricom.co.ke. Some potentially identifying minor detail is omitted:
I misplaced my Kenyan phone while traveling here in Canada sometime in May this year . I called Safaricom on June XX, 2022 asking them to replace my SIM card with one of the SIM cards I had with me.
They advised that since I was out of the country , I could not do it over the phone but needed to email them the request.
I sent the email to them on June XX. On June XX, 2022 they sent an email asking me to send all my details: 1. New SIM card serial 2. Passport / of number 3. Passport copy and ID copy 4 My most recent MPESA transactions
On June XX, 2022 I sent them all the details minus copies of my id / passport
They responded by asking me to send them a copy of ID, passport and exit stamps. I did not send them this and a few days later I found my previously lost phone.
I called Safaricom and they advised me that my phone is not locked / blocked and that I could continue using it.
Since I do not use my Kenyan phone while in Canada it was not charged.
On September XX, 2022 I noticed Whatsapp activity on my Kenyan phone.
I called Safaricom and they said: You swapped your phone on June XX, 2022 and you have been using your MPESA account a lot recently.
In summary: I do believe the Safaricom employees swapped my phone immediately I sent them information indicating I was out of the country
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