Final Draft Consumer Protection group 1.docx - CONSUMER...

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CONSUMER PROTECTION LAW Group 1 Group Members Charity Mumbe Kilungya - 093847 Yvonne Ouma – 094288 Norah Mutiso – Nestor Ragot – Macharia Njuguna -
Contents 1. Introduction ......................................................................................................................................... 2 2. History of class proceedings ................................................................................................................ 2 3. Relevance of Class Proceedings in Consumer Protection Law ............................................................ 3 4. Legislative framework governing the institution of individual and class proceedings in consumer protection in Kenya ..................................................................................................................................... 4 5. Conclusion ........................................................................................................................................... 6 1
Discuss whether class proceedings are allowed under consumer protection laws and the threshold of bringing individual consumer claims in Kenya. 1. Introduction A consumer claim is a claim made against a business by an individual or group of persons who have been negatively impacted or injured by that business’ products or services. Claims can be instituted either by class proceedings or by an individual. A class proceeding constitutes a consumer who may commence a proceeding on behalf of a class of persons or may become a member of such a class of persons in a proceeding in respect of a dispute arising out of a consumer agreement. 1 This paper will seek to expound on the history of class proceedings, the relevance of class proceedings in Consumer Protection Law and the legislative framework governing both individual and class proceedings in Kenya. 2. History of class proceedings Class proceedings originated from the United States and the equity rules. Rule 48 of the Federal Equity rules promulgated in 1842 is the oldest predecessor to the class action rule. In effect, the rule provided that: ‘Where the parties on either side are very numerous, and cannot, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all the adverse interests of the plaintiffs and the defendants in the suit properly before it. But in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties.’ 2 In the 17 th Century, class actions were a means of modernizing and adjusting the customary law governing manorial and parochial relationships in the wake of Cultural Revolution. 3 In the mid- twentieth century, the foundations of the doctrine were recharacterized as courts interpreted class actions as a solution to the discrepancies that resulted from the imposition of a mass production economy. 4 1 Section 4, Consumer Protection Act (No.46 of 2012).

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