Reuben Kioko Mutyaene v Kenya Commercial Bank Limited & 1 other

The trial court had found that the obligation to furnish accurate information rested with the bank. The appellant did not demonstrate any culpability by the CRB. Regulation 20 shields regulated entities acting in good faith, limited only to unauthorized, fraudulent or unlawful disclosures, and permits such entities to seek indemnity from the party at fault. Regulation 72 provides the penalty regime for CRB breaches.

The trial Judge was guided by Keith Smeaton vs. Equifax PLC and comparable Kenyan authorities including Jamlick Gichuhi Mwangi, and found the harm was temporary since the listing had been lifted and the appellant could freely seek credit. Loss of earning capacity was not strictly proved. The appellate court, on a first appeal, defers to the trial court's discretion absent injudicious or capricious exercise.

The appellant sought broad pronouncements on the CRB regulatory regime beyond his own circumstances. The court held that litigants remain free to challenge specific regulations or statutory provisions against the Constitution, but an appellate court cannot legislate or set policy from an individual damages dispute.

Claims for loss of earnings must be specifically pleaded and strictly proved. The appellant produced no evidence of actual loss; the auditor's projections were discounted because the listing was lifted during the case and repeat credit applications are assessed as new applications under section 8.1 of the Regulations.