Analysis of the legal framework on consumer protection in the banking service delivery in Kenya.
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Date
2018
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Publisher
Kamapala International University
Abstract
In Kenya most bank customer are victims of unfair banking contract terms. Banking institutions fail to apply the available laws that can protect a bank customer. The central objective of this is to investigate into the existing legislations that relate to banking business in Kenya. By doing so to clearly see how effective they are to the banking business law. Also to examine if the existing laws are implemented to aid in bank customer protection. The cardinal research problems are the gaps that exist in the laws and regulations in relation to bank customer protection. Though this research the gaps in the laws shall be exposed and recommend the suitable cure for protection of a bank consumer.
This is based on both primary and secondary data. The primary materials used were, statutes, analysing laws and regulations and decided cases, from Kenya, east Africa and from Common Law countries so as to give practical example. The secondary data used were articles, journals, Law books, materials from the internet, news papers articles that explain about bank customer protection and unpublished related work.
The major findings of the research, is that Kenya bank customer protection laws are not adequate, to protect the bank customer. The existing laws are not fully implemented by the financial institutions, hence the bank customer, are sometimes cheated. Also there are bank customer protection bodies in Kenya that are mandated to protect bank customers, but their functions are dormant. This is evident in the number of banks collapsing and how bank customers are defrauded.
In protecting the bank consumer in Kenya, it’s argued that the regulating bodies should be given more mandate so that they can implement the bank regulation and solve disputes between bank customers and the banks. Also the legislature should formulate laws that will protect the bank customer.
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Dissertation is available full text (soft and hard copy)
Keywords
Legal framework, Consumer protection, Banking service delivery, Kenya