ADVOKS GLOBAL · KENYA
National Payment System Act
20. Provision of information to the Central Bank
Edition: 2025-11-04 · In force
20. Provision of information to the Central Bank
(1)A person shall, upon being required to do so, provide the Central Bank with such information relating to a payment system or payment instrument, in such form and at such times as the Central Bank may prescribe.(2)In addition to any information that is required to be provided to the Central Bank under the Banking Act (Cap. 488) relating to banks or under the Microfinance Act (Cap. 493C) relating to microfinance banks, the management of every designated payment system, and every participant in the system, shall provide the Central Bank with such reports, returns and other information, at such times and in such form as the Central Bank may prescribe, regarding—(a)the volumes and values of payment instructions cleared in the system;(b)the volumes or values of the participant’s payment obligations and settlement obligations; and(c)any other information regarding the operation of the system as the Central Bank may require.(4)Notwithstanding the provisions of subsection (3), the Central Bank may disclose any information—(a)of which the disclosure is necessary to protect the integrity, effectiveness or security of the payment system, or if required by law to do so; or(b)to any monetary authority or financial regulatory authority, within or outside Kenya, where such information is reasonably required for the proper discharge of the functions of the Central Bank or the requesting monetary authority or financial regulatory authority.(5)A person who contravenes the provisions of subsection (1), (2) or (3) commits an offence and shall be liable on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding one year, or both.(6)Notwithstanding the provisions of subsection (5), no duty to which—(a)a participant or its officers may be subject, shall be breached by reason of the disclosure in good faith, of any information under subsections (1) and (2) in the course of the performance of its duties and no action shall lie against the participant or any of its officers on account of such disclosure;(b)the Central Bank or its officers may be subject, shall be breached by reason of the disclosure in good faith, of any information under subsection (4)(a) and (b) in the course of the performance of its duties and no action shall lie against the Central Bank or any of its officers on account of such disclosure.