The Consumer Protection Department enforces Parts VI (Section 55 to 70) of the Act. The core function of the Department is to investigate complaints relating to false or misleading representations, unconscionable conduct as well as supply of unsafe, defective and unsuitable goods.
The Department also investigates undertakings that fail to comply with prescribed Consumer Product Safety Standards and prescribed Product Information Standards.Other functions of the Department are; promoting the creation of consumer bodies (CB) and the standards they should adhere to, working with consumer bodies to promote consumer welfare, sensitizing consumers about their rights and obligations under the Act.
They also advocate for compliance with the Competition Act and advising the Government of Kenya on matters related to competition, including managing relationships with international and national stakeholder.
Consumers can complain directly to the Authority through the post, Email, Telephone call or walking into the Authority’s offices. The consumer is required to fill in a consumer complaint form and provide all the relevant information concerning the complaint.
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On receipt of a consumer complaint, the Consumer Protection Department will;
- Acknowledge receipt of the complaint and advise the consumer on any information gaps.
- Upon receipt of all the information from the complainant, the Authority shall analyze the complaint and contact the accused party for information if necessary.
- The Authority may then apply administrative remedies to solve the complaints which include; Refund, replacement or repair of goods, withdrawal of misleading representations, recall of unsafe goods and notices to the public on the existence of such goods.
- Complaints that do not fall under the Authority’s jurisdiction are referred to the relevant Government Agencies.
- Complaints that are not solved under (No.3) above are forwarded to the Office of the Director of Public Prosecutions (ODPP) after completion of full investigations. Upon conviction, a person who contravenes the Part VI provisions of the Act is liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding Kshs. 10 million or both.
Your application or notification should be in a form approved by the Authority.
Forms
| TYPE | DOWNLOAD |
| Consumer Complaint Form | Consumer Complaint Form |
Guidelines
| TYPE | DOWNLOAD |
| Consolidated Administrative Remedies and Settlement Guidelines, 2023 | Consolidated Administrative Remedies and Settlement Guidelines, 2023 |
| Consumer Protection Guidelines | Consumer Protection Guidelines |
| Guidelines on Engaging with Consumer Organizations | Guidelines on Engaging with Consumer Organizations |
A consumer is 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)
- Communications Authority of (CA)
- Anti-counterfeit Authority (ACA)
- Kenya Consumer Protection Advisory Committee (KECOPAC)
- Department of Weights and Measures
- Central Bank of Kenya (CBK)
- Insurance Regulatory Authority (IRA)
- Energy Regulatory Commission (ERC)
- Kenya Industrial Property Institute (KIPI)
- Medical Practitioners & Dentists Board
Consumers are misled based on the following attributes of a service or good such as grade, style, performance characteristics, quality, composition, model, sponsorship, approval, affiliation, accessories, use or benefits, price, availability of spare parts or repair facilities, place of origin, existence of warranty, guarantee, right or remedy, among others.
- 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 the 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.
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.
- Consumer Unit Trust Society (CUTS)
- Consumer Federation of Kenya (COFEK)
- Consumer International Network (CIN)
- Kenya Consumer Organization (KCO)
- Consumer Downtown Association (CDA)
- Healthcare Consumers Federation of Kenya (HCFK)
- Insurance Consumers Federation of Kenya (ICFK)
- Association of Insurance Consumers of Kenya (AICK)
- Information Communication Technology Consumers Association of Kenya
- Kenya Association of Residents Association (KARA)