The PostPay advantage enables you to continue communicating without 
This applies to safaricoms' prepaid and postpaid customers in Kenya. 
step 1: 
The history of KCB dates back to 1896 when its predecessor, the National Bank of India opened an outlet in Mombasa. Eight years later in 1904, the Bank extended its operations to Nairobi, which had become the Headquarters of the expanding railway line to Uganda.
The next major change in the Bank’s history came in 1958. Grindlays Bank merged with the National Bank of India to form the National and Grindlays Bank.
1. THE AGREEMENTBless!
1.1.
This Agreement sets out the complete terms and Conditions (hereinafter called
“these Terms and conditions”) which shall be applicable to the KCB M-PESA Account
(as hereinafter defined) opened by you (as hereinafter defined) with the Bank (as
hereinafter defined).
1.2.
These Terms and conditions and any amendments or variations thereto take effect on
their date of publication.
2. DEFINITIONS
2.1.
In these Terms and Conditions the following words and expressions (save where the context
requires otherwise) bear the following meanings:
2.1.1.
“Bank” means Kenya Commercial Bank Limited incorporated in Kenya as a limited
liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and
duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya)
and includes subsidiaries of the Bank as may from time to time be specified by the
Bank to you;
2.1.2.
“Credit Reference Bureau” means a credit reference bureau duly licensed under the
Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013,
as amended, revised or promulgated from time to time, to inter alia, collect and
facilitate the sharing of customer credit information;
2.1.3.
“Customer” means the person in whose name the KCB M-PESA Account with the
Bank is existing;
2.1.4.
“Customer Care Centre” means any Safaricom Retail Shops or Bank Branch or such
other Bank Agent or Agents as may be notified to the Customer by the Bank from
time to time;
2.1.5.
“E-Money” means the electronic monetary value depicted in your M-PESA Account
representing an equal amount of cash;
2.1.6.
“Equipment” includes your mobile phone handset, SIM Card and/or other equipment
which when used together enables you to access the Network;
2.1.7.
“IPRS” means the Integrated Population Registration System set up and maintained by
the Government of Kenya under the Ministry of State for Immigration and Registration
of Persons and its successors;
2.1.8.
“KCB M-PESA Account” means a bank account held by a Customer with the Bank
and which is opened and operated in accordance with the Terms and Conditions
herein contained;
2.1.9.
“KCB M-PESA Products” means the other Bank accounts, products or services offered
to the Customer to complement the KCB M-PESA Account;
2.1.10. “KCB M-PESA Menu” means the KCB M-PESA Menu on the M-PESA System;
2.1.11. “KCB M-PESA Loan Menu” means the KCB M-PESA Loan Menu on the M-PESA System;
2.1.12.
“M-PESA Account” means your mobile money store of value, being the record
maintained by Safaricom of the amount of E-Money from time to time held by you
in the M-PESA System;
2.1.13.
“M-PESA Service” means the money transfer and payments service provided by
Safaricom through the M-PESA System;
2.1.14.
“M-PESA System” means the system operated by Safaricom in Kenya for the
provision of the M-PESA Service using the Network;
2.1.15.
“KCB M-PESA PIN” means your personal identification number being the secret code
used to access and operate the KCB M-PESA Account;
2.1.16.
“M-PESA Subscriber” means any person registered to use the M-PESA System to send
or receive money or make payments;
2.1.17. “Network” means the mobile cellular network operated by Safaricom;
2.1.18.
“Request” means a request or instruction received by the Bank from you or purportedly
from you through the Network and the System and upon which the Bank is authorized
to act;
2.1.19.
“Safaricom” means Safaricom Limited incorporated in Kenya as a limited liability
company under the Companies Act (Cap 486 of the Laws of Kenya);
2.1.20.
“Services” shall include any form of financial services or products that the Bank may
offer you pursuant to this Agreement and as you may from time to time subscribe
to and “Service” shall be construed accordingly;
2.1.21.
“SIM Card” means the subscriber identity module which when used with the
appropriate mobile phone handset enables you to access the Network and to use
the M-PESA and KCB M-PESA System;
2.1.22.
“SMS” means a short message service consisting of a text message transmitted from
one mobile phone to another;
2.1.23.
“System” means the Bank’s electronic banking and communications software
enabling the Customer to communicate with the Bank for purposes of the Services.
The System and the Services will for the purpose of this Agreement be accessed
through the Safaricom System;
2.1.24.
“Transaction Fees” includes the any fees and charges payable for the use of the
Services as published by the Bank on the Bank’s website and/or Safaricom’s website
and/or the daily newspapers in Kenya or by such other means as the Bank shall in its
sole discretion determine. Transaction Fees are subject to change at any time at the
Bank’s sole discretion;
2.1.25.
“We,” “our,” and “us,” means the Bank and includes the successors and assigns of
the Bank;
2.1.26.
“You” or “your” means the Customer and includes the personal representatives of
the Customer;
2.1.27.
The word “Customer” shall include both the masculine and the feminine gender as
well as juristic persons;
2.1.28.
Words importing the singular meaning where the context so admits include the plural
meaning and vice versa.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1.
Before applying to open the KCB M-PESA Account via the M-PESA System you should
carefully read and understand these Terms and conditions which will govern the use and
operation of the KCB M-PESA Account.
3.2.
If you do not agree with these Terms and conditions, please click “Decline” on the KCB
M-PESA Menu.
3.3. You will be deemed to have read, understood and accepted these Terms and Conditions:
3.3.1.
upon clicking on the “Accept” option on the KCB M-PESA Menu requesting you to
confirm that you have read, understood and agreed to abide with these Terms and
Conditions; and/or
3.3.2.
by using or continuing to use and operate the KCB M-PESA Account and/or the
Services.
3.4.
By applying to open the KCB M-PESA Account with the Bank, you agree to comply with and
be bound by these Terms and Conditions for the time being and from time to time in force
governing the operation of the KCB M-PESA Account and you affirm that these Terms and
Conditions herein are without prejudice to any right that the Bank may have with respect
to the KCB M-PESA Account in law or otherwise.
3.5.
These Terms and Conditions may be amended or varied by the Bank from time to time
and the continued use of your KCB M-PESA Account and/or the Services constitutes your
agreement to be bound by the terms of any such amendment or variation.
4. ACCOUNT OPENING
4.1.
In order to open a KCB M-PESA Account with the Bank, you must be at least 18 years old
and a registered and active M-PESA Subscriber for at least six (6) months immediately
preceding the date of your application. The Bank reserves the right to verify with Safaricom
the authenticity and status of your M-PESA Account.
4.2.
You may open a KCB M-PESA Account solely by way of an electronic application made by
you using your Equipment via the KCB M-PESA Menu on the Safaricom System.
4.3.
You hereby agree and authorize the Bank to request Safaricom for your personal information
held by Safaricom pursuant to the agreement between you and Safaricom for the provision
of Safaricom products and services and M-PESA Service including your phone number,
name, date of birth, ID or Passport Number and such other information that will enable the
Bank to identify you and comply with the regulatory “Know Your Customer” requirements
(together the “Personal Information”). You also hereby agree and authorize the Bank to
request Safaricom for information relating to your use of the M-PESA Service, M-PESA System
and Safaricom Services as the Bank shall require for purposes of providing you the Services
(“M-PESA Information”). You hereby consent to the disclosure of the Personal Information and
the M-PESA Information by Safaricom to the Bank and to the aforesaid use of the Personal
Information and the M-PESA Information by the Bank.
4.4.
You hereby agree and authorize the Bank to obtain and procure your Personal
Information contained in the IPRS from the Government of Kenya and you further
agree and consent to the disclosure and provision of such Personal Information by the
Government of Kenya to the Bank.
4.5.
You hereby further acknowledge and authorize the Bank to verify your Personal
Information received from Safaricom pursuant to Clause 4.3 against the information
received from the Government of Kenya in your respect as contained in the IPRS.
4.6.
The Bank reserves the right to request for further information from you pertaining to your
application for a KCB M-PESA Account at any time. Failure to provide such information
within the time required by the Bank may result in the Bank declining to accept your
application for a KCB M-PESA Account.
4.7.
Acceptance by the Bank of your application for a KCB M-PESA Account shall be done
via SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA
Account. You acknowledge and accept that the acceptance by the Bank of your
application for a KCB M-PESA Account does not create any contractual relationship
between you and Safaricom beyond the terms and conditions that apply to your M-
PESA Account from time to time.
4.8.
The Bank reserves the right to decline your application for a KCB M-PESA Account or to
revoke the same at any stage at the Bank’s sole discretion and without assigning any
reason or giving any notice thereto.
5. YOUR REQUESTS
5.1.
You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from
you (or purportedly from you) through the System and to hold you liable in respect thereof.
The Bank may nevertheless refuse to carry out any Requests which would result in there
being an overdraft on your KCB M-PESA Account.
5.2.
The Bank shall be entitled to accept and to act upon any Request, even if that Request
is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the
Bank believes that it can correct the incomplete or ambiguous information in the Request
without any reference to you being necessary.
5.3.
The Bank shall be deemed to have acted properly and to have fully performed all the
obligations owed to you notwithstanding that the Request may have been initiated, sent or
otherwise communicated in error or fraudulently, and you shall be bound by any Requests
on which the Bank may act if the Bank has in good faith acted in the belief that such
instructions have been sent by you.
5.4.
The Bank may, in its absolute discretion, decline to act on or in accordance with the whole
or any part of your Request pending further enquiry or further confirmation (whether written
or otherwise) from you. The Bank shall not be under any obligation to so decline in any case,
and shall in no event or circumstance be liable for not so declining.
5.5.
You agree to and shall release from and indemnify the Bank against all claims, losses,
damages, costs and expenses howsoever arising in consequence of, or in any way related
to the Bank having acted in accordance with the whole or any part of any of your Requests
(or failed to exercise) the discretion conferred upon it.
5.6.
You acknowledge that to the full extent permitted by law the Bank shall not be liable for any
unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your
account by the fact of the knowledge and/or use or manipulation of your KCB M-PESA PIN,
password, ID or any means whether or not occasioned by your negligence.
5.7.
You can only cancel your Request by calling the Customer Care Centre and Requesting
cancellation. Cancellation will however only be allowed where your Request is revocable
and has not yet been acted on. If the Bank is able to cancel your instruction you may be
charged for such cancellation.
5.8.
The Bank may refuse to make a payment if you do not have sufficient funds in your KCB
M-PESA Account. In deciding whether you have sufficient funds, the Bank will take account
of any instructions to make payments and regular payments which have not yet been paid
from your KCB M-PESA Account. The Bank will not be obliged to take account of regular
credits or any amounts received after it has decided not to make the payment.
5.9.
T
he Bank is authorized to effect such orders in respect of your KCB M-PESA Account as may
be required by any court order or competent authority or agency under the applicable
laws.
5.10.
In the event of any conflict between any terms of any Request received by the Bank from
you and these Terms and conditions, these Terms and conditions shall prevail.
6. OVERDRAWING YOUR KCB M-PESA ACCOUNT
6.1. No Overdraft will be allowed on your KCB M-PESA Account.
6.2.
The Bank is entitled to demand repayment of any money overdrawn from your account
together with interest and penalties.
7. LIEN
7.1.
The Bank shall have a general lien over all your property/assets in its possession in the event
that you owe any money to the Bank including but not limited to cash, goods, securities or
valuables deposited for safe custody as security, cheques presented, bills and any other
movable or immovable property charged to secure repayment of any money, whether
or not that money has been repaid, and also over all property in respect of which, by the
general law, the Bank has lien.
7.2.
Where you are indebted to the Bank in circumstances giving the Bank a right of set off, all
property held under lien in terms of sub-clause 7.1 hereof shall be deemed to be held as
security for the debt.
7.3.
The Bank may at any time give you notice in writing that if an accrued debt is not paid within
a period being not less than 14 days (or such other period specified in the notice) from
the date of receipt by you of the notice then the Bank may, without further notice, realize
sufficient of your assets to discharge the debt. Any part payment made will be accepted
strictly on account and without prejudice to the Bank’s rights.
7.4.
You hereby constitute us as your attorney for the purposes of any transaction will be held on
your behalf in relation to your assets for purposes of discharging the debt.
8. SET-OFF
8.1.
The Bank may, upon notice, combine/consolidate your KCB M-PESA Account with any of
your other accounts held in the Bank, whether current, loan, savings, deposit, term deposit,
joint or any other type and thereafter set off any amount held to your credit against any
indebtedness you owe to the Bank.
8.2.
The Bank may, upon notice to you, set off any amount held to your credit on your M-PESA
Account against any indebtedness you owe to the Bank.
8.3.
The Bank may, upon notice to you, set off your KCB M-PESA Account against any other
account or indebtedness in respect of which you are liable, notwithstanding that some
other person may also be liable in respect thereof. In such circumstances, upon receipt of
an indemnity acceptable to the Bank (against costs) and at your expense, the Bank will
give you any assistance necessary in obtaining a refund.
8.4.
If the set off is for debt recovery, the Bank will provide you with a detailed breakdown of
the costs and expenses recovered from you together with a justification for such costs and
expenses.
9. STATEMENTS
9.1.
You may request for a statement or activity report in respect of your KCB M-PESA Account
from the Bank using your Equipment (“KCB M-PESA Mini Statement”).
9.2.
A KCB M-PESA Mini Statement shall provide details of the last 4 (four) transactions (or such
other number of transactions as determined by the Bank) in your KCB M-PESA Account
initiated from your Equipment.
9.3.
A KCB M-PESA Mini Statement shall not be sent to you in printed form but shall be delivered
to you either by SMS to the Safaricom Mobile Phone Number associated with your M-PESA
Account or such other electronic means as the Bank may in its discretion determine. You
shall be responsible for the payment of any charges levied by Safaricom in delivering the
KCB M-PESA Mini Statement to you.
9.4.
You may obtain printed KCB M-PESA Mini Statements or a printed bank statement pertaining
to your KCB M-PESA Account from the Bank. You shall be responsible for the payment of any
charges levied by the Bank for such printed statements. You also hereby authorize the Bank
to share your KCB M-PESA Account information with Safaricom for this purpose.
9.5.
Save for a manifest error, a KCB M-PESA Mini Statement or bank statement issued to you
aforesaid in respect of your KCB M-PESA Account shall be conclusive evidence of the
transactions carried out on your KCB M-PESA Account for the period covered in the KCB
M-PESA Mini Statement and/or bank statement.
9.6.
Your statement will show all amounts added or taken from your KCB M-PESA Account during
the period requested and/or since the previous statement. You must check your statement
carefully and tell the Bank as soon as possible if it includes any transaction or other entry
which appears to you to be wrong or not made in accordance with your instructions.
9.7.
The Bank reserves the right to rectify discrepancies, add and/or alter the entries in your
statements, without prior notice to you. The Bank will however inform you of any rectification,
additions and or alterations effected on your statements within a reasonable time after the
changes are effected.
9.8.
You will be notified of all transactions on your KCB M-PESA Account by way of SMS and the
charges for this service will be debited to your KCB M-PESA Account.
10. CUSTOMER COMPLAINTS
10.1. Complaints may be made in person, in writing, by post, fax, email or by telephone.
10.2.
The Bank will take all measures within its means to resolve your complaints within a reasonable
time. All complaints will be handled in accordance with the Bank’s complaints handling
procedures, which are available on request from any Bank Branch or the Customer Care
Centre. Where a notification regarding your complaint or any other matter is expected
from the Bank but not received, the complaint must be made within a reasonable time
after non-receipt of such notification.
10.3.
Applicable tariffs will be charged by your telephone and internet service provider (s) when
communicating with the Customer Care Centre.
