PHOTO CAPTION: An Absa Bank Branch in Kenya A Kenyan businessman has filed a lawsuit against Absa Bank for reportedly leaking sensitive information to third parties without his knowledge or authorization.
The claimant, Mr Kirui Kamwibua, is the owner of New Mega Africa Ltd.
He says that an unnamed bank employee disclosed sensitive information which negatively affected his company's operations.
In the case filed at the Mombasa Commercial Bank Admiralty court, Mr Kamwibua is now seeking damages of Sh192 million for loss of income, Sh1.2 billion for loss of goodwill, and Sh92 million for loss of fixed assets.
He strongly argues that the bank employee’s decision to disclose confidential information to third parties, as well as his failure to keep his accounts secret by sharing his financial statements with strangers, violated his right to privacy and amounted to a breach of its common law of fiduciary duty. “As a result of the leakage, the plaintiff’s creditors and other suppliers descended upon him and interrupted the business operations," reads part of the suit.
He adds that his efforts to preserve his transportation company by requesting that the bank restructure its loan commitments were rejected, resulting in financial sabotage. “The defendant’s employees began demanding kickbacks and other incentives prior to approving or disbursing loans and failure to take action upon lodging complaints of leakage of confidential information,” he further noted.