City lawyer Danstan Omari has sued Kenya Commercial Bank for erroneously listing his name with CRB for defaulting on a 63,000 loan, despite not having an account with them.
In a defamation suit, Omari, through lawyer Shadrack Wambui, claims the case stems from false and malicious statements published by KCB.
Wambui states that in December last year, Omari sought a loan from Cooperative Bank. During a credit check, he was informed via email that he was negatively listed with TransUnion CRB under loan reference no. AA16251DGCTW, citing a non-performing loan with arrears of Sh 63,509.
Omari discovered KCB was the listing institution and that the alleged arrears related to a 2015 loan fully repaid via a check-off system.
Wambui notes that prior credit reports always showed Omari’s good standing until this erroneous listing.
Despite Omari’s efforts to rectify the matter, subsequent CRB reports continued to reflect the same false listing, harming his reputation and professional standing.
Court documents state, “KCB’s false statements portrayed Omari as financially irresponsible and unfit for credit, tarnishing his reputation as a respected advocate and professional.”
Omari argues that KCB acted recklessly, disregarding the truth and intending to harm his credit profile and professional standing.
He claims KCB failed to issue notice of intent to submit adverse information and acted without due care.
Omari contends the defamatory statements were calculated to damage his professional reputation, trustworthiness, and credibility.
Wambui says the erroneous listing has prevented Omari from securing loans and has affected his professional standing as an advocate, law lecturer, and political analyst, calling his financial responsibility and trustworthiness into question.
They demand KCB publish a retraction of all defamatory statements to the relevant CRBs, acknowledging the falsity of the accusations and the harm caused, with the objective of correcting and expunging the negative listing from Omari’s record.
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