The journey of Kenya’s in duplum rule—from its historical inception through the spirited legislative debates around the Donde Bill, to its eventual enactment under Section 44A of the Banking Act—reflects an enduring commitment to balancing contractual freedom against the necessity of consumer protection. Initially conceived as a targeted measure to regulate banks, its evolving interpretation by Kenyan courts, notably in the contrasting judgments of Justices Mabeya and Majanja, underscores an ongoing tension between strict statutory interpretation and broader constitutional principles of equity and fairness.
