29/01/2026
Good morning,
A increased .
The borrower paid.
Years later, the said: “That increase was illegal.”
This is the story of Stanbic Bank Kenya Ltd v Santowels Ltd.
And it just became one of Kenya’s most important banking rulings.
A company took a loan from a bank.
Like most of us do.
The loan agreement had a familiar clause:
“The bank may vary interest rates at its discretion.”
Sounds normal, right?
So the bank did what banks often do.
It adjusted the interest upward.
It notified the borrower.
And the borrower paid.
For years.
Then one day, the borrower asked a dangerous question:
👉 “Were these interest increases even lawful?”
They commissioned an independent audit.
The results were shocking.
The bank had charged more interest than it was legally allowed to charge.
The case went to court.
Then to the Court of Appeal.
And finally, to the Supreme Court of Kenya.
Stanbic’s defense was simple and terrifying:
“The borrower signed the contract.
We were allowed to vary interest.”
The Supreme Court said, "No."
Here’s what the Court decided (and why it matters):
✅ A bank’s power to vary interest is NOT absolute.
✅ Contract clauses do not override the law.
✅ Under Section 44 of the , a bank must obtain approval from the Cabinet Secretary for Finance before increasing interest.
✅ Any increase done without that approval is illegal, even if the borrower paid it.
✅ Discretion cannot be exercised arbitrarily. The law exists to protect borrowers.
Let that sink in.
What this means for YOU:
If you’re a borrower:
→ Just because you signed doesn’t mean everything was lawful.
→ Interest increases are regulated, not private arrangements.
→ If your bank raised interest without statutory approval, you may be entitled to a refund.
→ Audits matter. Documentation matters. Ask questions.
If you’re a lender:
→ “It’s in the contract” is no longer a shield.
→ Regulatory approval is not optional.
→ Arbitrary interest variation exposes you to refunds, damages, and reputational risk.
→ Compliance is not bureaucracy it’s protection.
For years, many Kenyans have watched loan balances grow without explanation.
This judgment draws a clear line.
cannot wake up one morning and decide you owe more.
The Supreme Court has spoken.
Have you ever experienced unexplained interest increases on your loan?
Drop a comment. Let’s talk.