Slain lawyer Kyalo Mbobu posthumously wins exploitative loan battle

A Nairobi court has delivered a landmark judgment in favour of slain advocate Mathew Kyalo Mbobu, declaring a loan agreement with unconscionable interest rates illegal and ordering the return of his property.

Justice Moses Ado ruled that a Sh11 million loan facility advanced by Hypac Investments Limited carried terms that were undeniably excessive and manifestly oppressive, with monthly interest rates translating to over 400% annually when compounded with weekly penalties.

"The interest rate is undeniably excessive and manifestly oppressive, a figure that no reasonable borrower could sustain and is on the face of it contrary to the principles of equity and fairness," Justice Ado stated in his ruling.

The case, which proceeded to determination after Mbobu's fatal shooting by unknown assailants during the pendency of the judgment, centered on a loan the advocate obtained in January 2021 during financial difficulties occasioned by the COVID-19 pandemic.

Justice Ado found that the lender had imposed a 15% monthly interest rate on a flat rate basis, plus a 5% weekly late payment penalty; terms the court determined violated principles of equity and fairness.

The court noted that Mbobu had repaid Sh22 million.

Applying the "in duplum" rule, which limits recoverable interest to an amount not exceeding the principal sum, the court declared the loan fully satisfied. 

"Any claim for interest or penalties beyond the principal sum is unenforceable in law," Justice Ado ruled.

The ruling ordered Hypac Investments and Family Bank Limited to discharge and retransfer the property title to Mbobu's estate within 30 days, with the Deputy Registrar being directed to execute the necessary transfer documents upon failure.

The judgment brings a closure to one of the late lawyer’s cases. 

Mbobu, a respected figure in Kenya’s legal fraternity, was shot dead in September along Magadi Road, Nairobi, in what police described as a targeted killing.

He was ambushed around 5:40 p.m. by two men on motorcycles who opened fire on his car before fleeing. An autopsy later revealed he had been shot eight times, dying from massive bleeding and severe injuries.