Summary:
The Consumer Protection Act aims to promote and advance the social and economic welfare of consumers in Kenya.
Description:
Overview on Kenya’s Consumer Protection Act
The Consumer Protection Act (Chapter 501) establishes norms on consumer protection. In this regard, characterizes the interpration of the Act in favor of the consumer.
The following elements are important for the purposes of FULL (Section 3.4):
“(a) establishing a legal framework for the achievement and maintenance of a consumer market
that is fair, accessible, efficient, sustainable and responsible for the benefit of consumers
generally;
(b) reducing and ameliorating any disadvantages experienced in accessing any supply of goods
or services by consumers;
(c) promoting fair and ethical business practices;
(d) protecting consumers from all forms and means of unconscionable, unfair, unreasonable,
unjust or otherwise improper trade practices including deceptive, misleading, unfair or
fraudulent conduct;
(e) improving consumer awareness and information and encouraging responsible and informed
consumer choice and behavior;
(f) promoting consumer confidence, empowerment and the development of a culture of
consumer responsibility, through individual and group education, vigilance, advocacy and
activism;
(g) providing a consistent, accessible and efficient system of consensual resolution of disputes
arising from consumer transactions; and
(h) providing for an accessible, consistent, harmonized, effective and efficient system of redress
for consumers”.
Key provisions
The Act also disposes on specific norms on marketing (Part III, Article 12, 1). According to the law, any form of false, misleading or deceptive representation are unfair acts. For this purpose, it exposes a non-exhaustive list of examples (Article 12, 2).
It also considers unconscionable representation as another form of unfair act (Article 13, 1). It brings a non-exhaustive list of examples as well (Article 13, 2).