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The Central Bank of Kenya (Mortgage Refinance Companies) Regulations, 2019

35. Limit on interest recoverable from non-performing loans

Edition: 2022-12-31 · In force

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35. Limit on interest recoverable from non-performing loans

(1)A mortgage refinance company shall be limited in what it may recover from a debtor with respect to a non-performing loan to the maximum amount under sub-regulation (2).
(2)The maximum amount referred to under sub-regulation (1) is the sum of the following—
(a)the principal owing when the loan becomes non-performing;
(b)interest, in accordance with the contract between the debtor and the mortgage refinance company, not exceeding the principal owing when the loan becomes non-performing; and
(c)expenses incurred in the recovery of any amounts owed by the debtor.
(3)If a debtor resumes payments on a non-performing loan and then the loan becomes non-performing again, the limitation under sub-regulation (2) (a) and (b) shall be determined with respect to the time the loan last became non-performing.
(4)This regulation shall not apply to limit any interest under a court order accruing after the order is made.
(5)A mortgage refinance company shall not recover through a court of law any interest which is affected by the requirements of this regulation.
(6)A loan becomes non-performing when principal or interest is due and unpaid for ninety days or more; or interest payments for ninety days or more have been re-financed, or rolled-over into a new loan.
(7)In this regulation—"debtor" includes a person who becomes indebted to a mortgage refinance company because of a guarantee made with respect to the repayment of an amount owed by another person; and"loan" includes any advance, credit facility, financial guarantee or any other liability incurred on behalf of any person.
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Source: Kenya Law