Banker sues loan app over harassment claims

A banker has sued a mobile money lending company, Linker-Mkopa Limited, over a Sh35,000 loan, alleging harassment and unlawful access to her personal contacts.

The woman, whose identity has been withheld in court documents, told the High Court that she borrowed the money through the firm’s mobile application, but later faced aggressive recovery tactics after missing the repayment deadline.

She claims that after the loan fell overdue, the company’s employees engaged in blackmail, persistent calls and WhatsApp messages, and allegedly accessed her phone contacts without consent.

According to her affidavit, the lender sent messages to her employer and senior management accusing her of defaulting on the loan, causing embarrassment at her workplace. She also alleges that threats were made to expose her to her professional network.

“The tone and content of the communications were intimidating and meant to cause distress and embarrassment,” she stated, adding that her private life was exposed to third parties.

She further argues that she never authorised access to her contact list, which included family members, colleagues and her employer.

In court documents, she says that on 23 March, an email from a Linker-Mkopa employee was sent to her employer and senior officials, escalating the matter to her workplace.

She also claims she received repeated calls and messages demanding repayment, including one text insisting she pay Sh29,000 immediately, warning of further action if she failed to comply.

“Are you paying or not? Stop being proud,” read part of a message presented in court.

The documents further allege that the company used multiple phone numbers, including private or masked calls, and sent frequent WhatsApp messages threatening to contact everyone in her address book.

Her lawyer argued that the lender’s actions amounted to cyber harassment and a violation of privacy rights. He said the company engaged in “debt shaming” and used unlawful means to enforce repayment.

“The Constitution does not permit enforcement of private debts through public humiliation, data misuse or psychological pressure,” the court papers state, adding that such conduct amounts to unlawful data harvesting.

The lawyer further argued that the harm caused to the banker’s reputation and employment outweighed the relatively small loan amount.

The petitioner is seeking court orders declaring that Linker-Mkopa violated her constitutional rights, including privacy and consumer protection under Article 46. She is also seeking compensation for alleged unlawful access to her contacts and reputational damage.