Consumer Rights And Unfair Practices In Kenya
THE CONSUMER PROTECTION ACT, 2012
31st Aug, 2020
INTRODUCTIONConsumer rights in Kenya are fundamental rights afforded to consumers provided for under the Bill of Rights in the Constitution of Kenya (2010). Article 46(1) (TCK) provides that consumers have certain rights in respect of goods and services offered by public entities or private persons:-
WHO IS A CONSUMER?The term consumer is defined in the Act as meaning:-
- No person shall advertise an internet gaming site that is operated contrary to any written law.
WHAT CONSTITUTES AN UNFAIR PRACTICE?
1. False representationA few of the “representations” that are construed as false, misleading or deceptive representations include the following:-
- A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers;
2. Unconscionable representationThe Act sets out without limitation, what may be taken into account in determining whether a representation is “unconscionable”;-
- That the consumer is being subjected to undue pressure to enter into a consumer transaction.
REMEDIESIn any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages.
Where rescission is not possible, a consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both.
Each person who engaged in an unfair practice will be liable jointly and severally with the person who entered into the agreement with the consumer for any amount to which the consumer is entitled under Section 16 of the Act.
The Act provides that a court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section.
Should you have any queries or need any clarifications with respect to consumer rights matters, please do not hesitate to contact Vikram C Kanji or Ruby Njenga at A B Patel & Patel Advocates, Mombasa.
The contents of this publication are for reference purposes only. They do not constitute legal advice and should not be relied upon. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.