ADVOKS GLOBAL · KENYA
The Banking (Penalties) Regulations, 2025
58. Disclosure of information
Edition: 2025-07-09 · In force
58. Disclosure of information
(1)A person who discloses or publishes information obtained in the performance of the responsibilities of the person under the Act, commits a violation and is liable, upon assessment—(a)where the person is a corporate body, to a penalty not exceeding two million shillings; and(b)where the person is a natural person, to a penalty not exceeding one million shillings.(2)An institution or officer that discloses information obtained in the performance of the responsibilities of the institution or officer under the Act in bad faith commits a violation and is liable, upon assessment—(a)in case of the institution, to a penalty not exceeding two million shillings or three times the gross amount of the monetary gain made or loss avoided by the institution; and(b)in the case of the officer, to a penalty not exceeding one million shillings.(3)An institution that engages in cross-border sharing of credit information without—(a)a mutual legal framework for the sharing of credit information; and(b)verifying that the request for the information is made in the discharge of a lawful duty of the person making the request,commits a violation and is liable, upon assessment, to a penalty not exceeding five million shillings or three times the gross amount of the monetary gain made or loss avoided by the institution.(4)An officer of an institution found liable for the violation in paragraph (3), commits a violation and is liable, upon assessment, to a penalty not exceeding two hundred and fifty thousand shillings.