Ruling serves Safaricom dilemma over customer losses on M-Shwari platform
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company. The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812. Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu... The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again. Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*
Thanks Victor, interesting developement and a fair judgement. Best Regards On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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Wueh, Just look at Safaricom's arguments in that case. Surely, we don't have competition among the telcos. On Mon, Jul 10, 2023 at 9:24 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Thanks Victor, interesting developement and a fair judgement.
Best Regards
On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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-- Best regards. Liz. PGP ID: 0x1F3488BF
I agree with you Liz and I think it’s something the KICA (Fair competition)regulations was “attempting” to cure. On Mon, 10 Jul 2023 at 10:29, Liz Orembo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Wueh,
Just look at Safaricom's arguments in that case. Surely, we don't have competition among the telcos.
On Mon, Jul 10, 2023 at 9:24 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Thanks Victor, interesting developement and a fair judgement.
Best Regards
On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- Njoki Kimemia Lawyer,Arbitrator(CiArb)
Juu ya hii story, am mounting a similar case against Safaricom, a client lost over 800K from M-Shwari. *Kind regards,* *Ochieng A. Ogango* *Advocate, LLB (Hons), CPM(M.T.I)* On Mon, Jul 10, 2023 at 11:04 AM AdvNjoki Kimemia via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
I agree with you Liz and I think it’s something the KICA (Fair competition)regulations was “attempting” to cure.
On Mon, 10 Jul 2023 at 10:29, Liz Orembo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Wueh,
Just look at Safaricom's arguments in that case. Surely, we don't have competition among the telcos.
On Mon, Jul 10, 2023 at 9:24 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Thanks Victor, interesting developement and a fair judgement.
Best Regards
On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- Njoki Kimemia Lawyer,Arbitrator(CiArb) _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
Safaricom's argument on this matter makes them sound like OCEANGATE. On Mon, Jul 10, 2023 at 10:27 AM Liz Orembo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Wueh,
Just look at Safaricom's arguments in that case. Surely, we don't have competition among the telcos.
On Mon, Jul 10, 2023 at 9:24 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Thanks Victor, interesting developement and a fair judgement.
Best Regards
On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254 7 3200 0004/+254 7 2274 3223 "Oh, the cruft.", egrep -v '^$|^.*#' ¯\_(ツ)_/¯ :-) [How to ask smart questions: http://www.catb.org/~esr/faqs/smart-questions.html]
Liz, I notice that these days one is asked for a pin to access Mshwari - which happens to be the same as the Mpesa pin. So Safaricom really has no case in shifting blame to NCBA. That would only happen if the pin to access Mshwari is different from the mpesa one. I find it weird that being on Hybrid tariff does not get you faster service, while that 200 helpline is the fastest way to get to Safaricom customer service. Considering the backbone that Safaricom is to the economy of this nation, I think they need to be charged with stiffer responsibility on their subscribers' funds and not deal with us so casually... On Mon, 10 Jul 2023 at 10:19, Liz Orembo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Wueh,
Just look at Safaricom's arguments in that case. Surely, we don't have competition among the telcos.
On Mon, Jul 10, 2023 at 9:24 AM Barrack Otieno via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Thanks Victor, interesting developement and a fair judgement.
Best Regards
On Mon, 10 Jul 2023, 8:04 am Victor Kapiyo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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--
Best regards. Liz.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- *Dream and Your Dreams Will Fall Short <kathymwai@gmail.com>...*
On Mon, Jul 10, 2023 at 10:57 AM Kathy Mwai via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Liz, I notice that these days one is asked for a pin to access Mshwari - which happens to be the same as the Mpesa pin. So Safaricom really has no case in shifting blame to NCBA. That would only happen if the pin to access Mshwari is different from the mpesa one.
+1 Maybe COFEK should take on Safaricom! -- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254 7 3200 0004/+254 7 2274 3223 "Oh, the cruft.", egrep -v '^$|^.*#' ¯\_(ツ)_/¯ :-) [How to ask smart questions: http://www.catb.org/~esr/faqs/smart-questions.html]
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Interesting read. 1. I still don't understand why the "Advantage Hybrid Tariff" subscription would make Safaricom NOT block the line immediately after I call them. Safaricom has a verification process for such incidents: Give us 3 numbers that you've recently called. Give us your ID number, and date of birth. Give us your last M-Pesa transaction. Furnishing them with all that and still don't block the SIM should have been found as negligence on their part and made them liable for the initial loss (292,812). 2. Safaricom should remove that clause where they disclaim responsibility for the security of M-Shwari. Why? M-Shwari is ONLY accessible through the SIM card, for which only Safaricom is responsible! It is like you provide the key to a facility, only you have the ability to disable that key and still say that you do not bear any responsibility for the security of the facility. Given that I cannot block my SIM card from abuse, the entity with that ability - and with whom I have the contract - is solely responsible for the said security. I still haven't understood why any blame was put on the client. Is any of you on this tariff? I think you should all CANCEL it immediately. -- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254 7 3200 0004/+254 7 2274 3223 "Oh, the cruft.", egrep -v '^$|^.*#' ¯\_(ツ)_/¯ :-) [How to ask smart questions: http://www.catb.org/~esr/faqs/smart-questions.html]
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond. *Ali Hussein* Fintech | Digital Transformation Tel: +254 713 601113 Twitter: @AliHKassim LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
This report was quite interesting. I wonder from Safaricom perspective whether the risk of leaving the line operational even after the customer reported the same as having been stolen (even without their ID) outweighed the simple move of blocking it? What's the worst that could have happened if they'd just blocked it the first time from an abundance of caution position? The inconvenience caused to a user because of the line blockage is a super low risk compared to the potential losses, or in this case, the actual losses that the failure occasioned. But I am sure some smart fellow at the Telco advised that their terms and conditions covered them in case of losses incurred by clients due the latter's "negligence". Such a counter productive mindset. Thankfully, the courts are correcting these punitive T&Cs one at a time. On Mon, 10 Jul 2023, 14:24 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond.
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
Ohaga Unfortunately, the risk of blocking without customer confirmation with a physical visit might not be the best option. This is how sim swapping happens. However, in this case, the customer did visit a Safaricom shop. This is an interesting case - caught between a rock and a hard place. The compliance and data privacy teams at the telco will need to review their processes going forward. Regards *Ali Hussein* Fintech | Digital Transformation Tel: +254 713 601113 Twitter: @AliHKassim LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Mon, Jul 10, 2023 at 3:36 PM Ohaga JB <durojb@gmail.com> wrote:
This report was quite interesting. I wonder from Safaricom perspective whether the risk of leaving the line operational even after the customer reported the same as having been stolen (even without their ID) outweighed the simple move of blocking it? What's the worst that could have happened if they'd just blocked it the first time from an abundance of caution position?
The inconvenience caused to a user because of the line blockage is a super low risk compared to the potential losses, or in this case, the actual losses that the failure occasioned.
But I am sure some smart fellow at the Telco advised that their terms and conditions covered them in case of losses incurred by clients due the latter's "negligence". Such a counter productive mindset. Thankfully, the courts are correcting these punitive T&Cs one at a time.
On Mon, 10 Jul 2023, 14:24 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond.
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
I beleive online reporting is possible and can also be made secure. Documents can be scanned. We registered our lines online, we have also opened bank account online. These measures should be there to allow swift remedies and prevent further damages from the consumers’ end. Why are telcos collecting our biometric identifiers, voice data etc, if this cant be enabled? On Tue, 11 Jul 2023 at 06:47, Ali Hussein via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Ohaga
Unfortunately, the risk of blocking without customer confirmation with a physical visit might not be the best option. This is how sim swapping happens. However, in this case, the customer did visit a Safaricom shop. This is an interesting case - caught between a rock and a hard place. The compliance and data privacy teams at the telco will need to review their processes going forward.
Regards
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 3:36 PM Ohaga JB <durojb@gmail.com> wrote:
This report was quite interesting. I wonder from Safaricom perspective whether the risk of leaving the line operational even after the customer reported the same as having been stolen (even without their ID) outweighed the simple move of blocking it? What's the worst that could have happened if they'd just blocked it the first time from an abundance of caution position?
The inconvenience caused to a user because of the line blockage is a super low risk compared to the potential losses, or in this case, the actual losses that the failure occasioned.
But I am sure some smart fellow at the Telco advised that their terms and conditions covered them in case of losses incurred by clients due the latter's "negligence". Such a counter productive mindset. Thankfully, the courts are correcting these punitive T&Cs one at a time.
On Mon, 10 Jul 2023, 14:24 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond.
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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-- Best regards. Liz. PGP ID: 0x1F3488BF
Banks seem to be quite swift when one reports irregular activity on ones account or loss of credit/debit cards - which don't require a visit to the branch and are done on phone. Surely, safcom or any other telco should have or be required by the regulator to have in place a simple, instant and effective solution to enable customers to report and freeze suspicious activities on their lines by a call or email. Since all the controls to effect protection squarely lie on the side of the telco they need to put these safeguards by default to protect their customers, or increase the number of lawyers on retainer. SIM Swap fraud is real and the security measures so far by telcos, banks and their intermediaries are IMHO weak, ineffective and bureaucratic to deal with the swift nature of these Mulot fraudsters. Another story in the Nation today shows how money is being lost: https://nation.africa/kenya/business/how-insider-techies-stunned-top-it-firm... On Tue, 11 Jul 2023, 07:01 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Ohaga
Unfortunately, the risk of blocking without customer confirmation with a physical visit might not be the best option. This is how sim swapping happens. However, in this case, the customer did visit a Safaricom shop. This is an interesting case - caught between a rock and a hard place. The compliance and data privacy teams at the telco will need to review their processes going forward.
Regards
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 3:36 PM Ohaga JB <durojb@gmail.com> wrote:
This report was quite interesting. I wonder from Safaricom perspective whether the risk of leaving the line operational even after the customer reported the same as having been stolen (even without their ID) outweighed the simple move of blocking it? What's the worst that could have happened if they'd just blocked it the first time from an abundance of caution position?
The inconvenience caused to a user because of the line blockage is a super low risk compared to the potential losses, or in this case, the actual losses that the failure occasioned.
But I am sure some smart fellow at the Telco advised that their terms and conditions covered them in case of losses incurred by clients due the latter's "negligence". Such a counter productive mindset. Thankfully, the courts are correcting these punitive T&Cs one at a time.
On Mon, 10 Jul 2023, 14:24 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond.
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
The full-text High Court judgment. https://drive.google.com/file/d/14vvwLg-uMULhtG3Q-xnb4Lco-OzPjzTX/view?usp=s... *Kind regards,* *Ochieng A. Ogango* *Advocate, LLB (Hons), CPM(M.T.I)* On Tue, Jul 11, 2023 at 10:03 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Banks seem to be quite swift when one reports irregular activity on ones account or loss of credit/debit cards - which don't require a visit to the branch and are done on phone.
Surely, safcom or any other telco should have or be required by the regulator to have in place a simple, instant and effective solution to enable customers to report and freeze suspicious activities on their lines by a call or email.
Since all the controls to effect protection squarely lie on the side of the telco they need to put these safeguards by default to protect their customers, or increase the number of lawyers on retainer.
SIM Swap fraud is real and the security measures so far by telcos, banks and their intermediaries are IMHO weak, ineffective and bureaucratic to deal with the swift nature of these Mulot fraudsters.
Another story in the Nation today shows how money is being lost:
https://nation.africa/kenya/business/how-insider-techies-stunned-top-it-firm...
On Tue, 11 Jul 2023, 07:01 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Ohaga
Unfortunately, the risk of blocking without customer confirmation with a physical visit might not be the best option. This is how sim swapping happens. However, in this case, the customer did visit a Safaricom shop. This is an interesting case - caught between a rock and a hard place. The compliance and data privacy teams at the telco will need to review their processes going forward.
Regards
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 3:36 PM Ohaga JB <durojb@gmail.com> wrote:
This report was quite interesting. I wonder from Safaricom perspective whether the risk of leaving the line operational even after the customer reported the same as having been stolen (even without their ID) outweighed the simple move of blocking it? What's the worst that could have happened if they'd just blocked it the first time from an abundance of caution position?
The inconvenience caused to a user because of the line blockage is a super low risk compared to the potential losses, or in this case, the actual losses that the failure occasioned.
But I am sure some smart fellow at the Telco advised that their terms and conditions covered them in case of losses incurred by clients due the latter's "negligence". Such a counter productive mindset. Thankfully, the courts are correcting these punitive T&Cs one at a time.
On Mon, 10 Jul 2023, 14:24 Ali Hussein via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
The court has really confirmed who has the *Duty of Care* on these matters. This is something the telco needs to manage with care as I sense a Class Action Suit in the offing. This is also precedent-setting not just in Kenya but beyond.
*Ali Hussein*
Fintech | Digital Transformation
Tel: +254 713 601113
Twitter: @AliHKassim
LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Mon, Jul 10, 2023 at 7:59 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Two recent decisions from the Small Claims Court and the High Court have found Safaricom liable for funds lost in M-Pesa/M-Shwari accounts once the same was reported to the company.
The most recent case related to an individual whose phone got lost and later KES 751,680 was withdrawn from his mobile money accounts over several days. He reported the same to the company, but for one reason or another, the SIM card was not disabled on time. The High Court on appeal, upheld the decision of the SC court which held that the company owed him a duty of care to act with diligence, and found the company liable for the loss of 452,869, and the customer responsible for the balance of 292,812.
Read more: https://nation.africa/kenya/business/ruling-serves-safaricom-dilemma-over-cu...
The case is likely to have implications on how telcos manage losses from SIM Swap / mobile money fraud. They will need to act swiftly when such reports are made and take adequate measures to enhance the security of SIMs, or otherwise face an avalanche of lawsuits seeking damages for lost funds. From the decision, it is not enough to blame the customer for being negligent or for telcos to put in clauses in agreements/terms and conditions to avoid responsibility. Anyway, it will be interesting to see whether the company appeals the decision, yet again.
Regards,
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
participants (9)
-
AdvNjoki Kimemia -
Ali Hussein -
Barrack Otieno -
Kathy Mwai -
Liz Orembo -
Ochieng A. Ogango -
Odhiambo Washington -
Ohaga JB -
Victor Kapiyo