FAQ on Consumer Protection

A consumer includes any person who purchases or offers to purchase goods or services otherwise than for the purpose of resale, but does not include a person who purchases any goods or services for the purpose of using them in the production or manufacture of any goods or articles for sale. 
These are the consumer rights that are included in Article 46 of the Constitution of Kenya, 2010. These are;

  • Right to goods and services of reasonable quality.
  • Right to the information necessary for them to gain full benefit from goods and services.
  • Right to the protection of their health, safety and economic interests.
  • Right to compensation for loss or injury arising from defects in goods or services.

  • Kenya Bureau of Standards (KEBS)
  • Kenya Industrial Property Institute (KIPI)
  • Communication Commission of Kenya (CCK)
  • Anti-counterfeit Agency
  • Kenya Consumer Protection Advisory Committee (KECOPAC)
  • Department of Weights and Measures
  • Central Bank of Kenya(CBK),
  • Insurance Regulatory Authority (IRA),
  • Energy Regulatory Commission (ERC),
  • Medical Practitioners & Dentists Board.

Consumers are misled based on the following attributes of a service or good; Grade, Style, Performance characteristics, Standard, Quality, Composition, Model, Sponsorship, approval, affiliation, accessories, use or benefits, Price, Availability of spare parts or facilities for repair, Place of origin, Existence of warranty, guarantee, right or remedy.
It is an offense to trade /supply goods intended to be used by a consumer if or where:

  • The goods do not comply to standard,  where there is a prescribed consumer safety standard
  • There is in force a notice declaring the goods to be unsafe
  • There is a notice imposing a permanent ban on the goods
  • A person suffers loss/damage by reason of a defect in, or a dangerous characteristic of the goods or by reason of not having particular information in relation to the goods

Before complaining to the Authority, a consumer is encouraged to try and settle the matter with supplier of the goods or the service provider. In many cases a simple phone call or visit can fix the problem. The supplier might ask for proof of purchase and discuss with the consumer to establish whether it is a minor or a major problem to warrant a repair, a replacement, or a refund. It is a good idea to write a complaint letter or an email or any other written document to act as a record of your contact. This will also act as a proof that you raised the matter with the seller. If the seller does not resolve the matter, then you can complain to the Competition Authority of Kenya.
The World Consumer Rights Day is a day set aside by the international consumer community to influence debate on consumer protection issues by highlighting consumers concerns, educating consumers on their rights and urging both national governments and international organizations to take meaningful action.
The Act shall:-

  • Promote the creation of consumer bodies and the establishment and the establishment of good and proper standards and rules to be followed by such bodies in protecting competition and consumer welfare;
  • Recognize consumer bodies duly registered under the appropriate national laws as the proper bodies, in their areas of operation, to represent consumers before the Authority.

There are four main consumer organization in Kenya. These are;

  • Consumer Unit Trust Society (CUTS),
  • Consumer Federation of Kenya (COFEK),
  • Consumer International Network (CIN), and
  • Kenya Consumer Organization (KCO).