Consumer rights in Kenya: the Consumer Protection Act

Article 46 of the Constitution guarantees consumers goods and services of reasonable quality, information to gain full benefit from them, and protection of their health, safety and economic interests. The Consumer Protection Act, 2012 gives effect to these rights.

Prohibited practices

• False, misleading or deceptive representations about goods or services.
• Unconscionable representations, such as taking advantage of a consumer’s inability to understand the transaction.
• Unfair contract terms that create a significant imbalance against the consumer.

Quality and safety

Goods must be of merchantable quality and fit for their purpose. Suppliers may be liable for defective goods that cause harm.

Remedies

Consumers may seek rescission of the agreement, refunds, damages and other relief.

Where to complain

• the business itself, in writing,
• the Competition Authority of Kenya, which handles consumer complaints and investigates unfair practices,
• sector regulators, such as the Communications Authority or Energy and Petroleum Regulatory Authority, and
• the Small Claims Court for compensation up to KES 1 million.

This article is general information, not legal advice on your situation.

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