Safaricom Faces Potential Lawsuit Involving Millions of Fuliza Users Over Fee Disclosures The High Court has permitted a consumer to pursue a representative lawsuit against Safaricom over its disclosure of interest and fees charged through Fuliza, its M-PESA overdraft service operated with NCBA Bank and KCB Bank. The petitioner alleges that Safaricom failed to provide a detailed account of his borrowing charges despite requests made at a company shop in February 2025 and subsequently through his lawyer. Clause 17.7 of Fuliza's terms requires detailed breakdowns of interest and fees in full and mini statements. Safaricom maintains that its transaction notifications, mini statements and M-PESA records satisfy those obligations. Justice Benard Murunga allowed the common contractual question to proceed through representative litigation, without determining whether Safaricom breached the agreement. The ruling permits other current and former Fuliza subscribers to participate in the dispute over disclosure, while excluding individual claims for refunds and damages. Safaricom cited 9.1 million users during the application, although its latest financial results show 17.2 million Fuliza borrowers in the six months to September 2026. The service disbursed KSh1.16 trillion ($9 billion) during that period, generating KSh4.9 billion ($38 million) in Safaricom revenue. The High court directed the petitioner to publish a national newspaper notice informing eligible subscribers about the proceedings, with applications to join permitted within 30 days of publication. Individual customers retain the right to pursue separate financial claims.
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