CONSUMER PROTECTION ASSIGNMENT - GROUP 4.pdf - CONSUMER...

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CONSUMER PROTECTION LAW: GROUP ASSIGNMENT Group #4 Members: Wanjiru Waithaka – 094291 Brian Kiarie – 091765 Allan Kyengo – 093178 Ian Ndung’u – 075968 Ian Makamara – 094234 Trevor Semafumu - 094326
i Table of Contents 1. Introduction ................................................................................... 1 2. A Brief Summary of the UN International Principles on Consumer Protection ............................................................................................ 2 3. Ratification, Similarity, Differences and Adaptability of the UN Principles to Kenya ............................................................................. 3 4. Analysing Kenya’s Compliance with the United Nation’s Princples on Consumer Protection ...................................................... 5 5. Conclusions & Recommendations ................................................ 8
1 QUESTION: Discuss whether Kenya is compliant in implementing the United Nations international principles for consumer protection. 1. Introduction A consumer is an individual who is an end user of a good or service. Consumer protection, therefore, refers to the laws and other forms of government regulation designed to protect the rights of consumers. 1 Consumer protection is based on consumer rights, or the idea that consumers have an inherent right to basic health and safety. This may include adopting measures for the protection of consumers from unscrupulous or unethical practices done by businesses and to provide remedies for their redress and grievances. Failure to address these grievances will lead to the concept of consumer protection not being achieved. Consumers need to be protected from misleading advertisements, over pricing of goods, supply of defective goods or duplicate goods to make it possible to achieve the rights and interest of the consumers. 2 Article 46(2) of the Constitution of Kenya gives power to parliament to enact legislation to provide for consumer protection and for fair, honest and decent advertising in adherence to the United Nations (herein UN) general principles of consumer protection. 3 The UN general principles of consumer protection include fair and equitable treatment, commercial behaviour, disclosure and transparency, education and awareness raising, and consumer complaints and disputes, which are to be adopted and implemented by member states in their legislation. The need to achieve the protection of consumers in Kenya was greatly put into consideration. In particular, Section 7 of the Competition Act establishes the Competition Authority which is mandated to provide consumers with guidelines which stipulate the obligation of persons and the rights and remedies available to the consumers. 4 Most of the provisions in the guidelines 1 Section 2, Consumer protection Act , CAP 46 of 2012 2 Section 4, Consumer protection Act , CAP 46 of 2012 3 Article 46(2), Constitution of Kenya (2010). 4 Part II, Competition Act (2010).
2 established by this authority are drawn from the UN consumer protection guidelines and have also been established in Article 46 of the Kenyan Constitution to include provision of goods and services of reasonable quality, provide information necessary to enable consumers gain full benefit from goods and services, protection of consumer health, safety and economic interests and compensation for loss or injury arising from defects in goods and services. 5

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