Consumer protection law is a body of legislative measures evolved to protect customers against business malpractices, especially in price, quality, and finance. In Kenya, the legislation on consumer protection is mainly contained in the Consumer Protection Act of 2012. This paper outlines the key rights and remedies under the CPA and some recent consumer protection cases.

Consumer Rights

The CPA has conferred the following key rights upon the consumer:

1. Right to Quality Goods and Services: Consumers have a right to supply goods and services of reasonable quality, befitting the purpose, and with no defects (S.5).

2. Right to Information: The right to obtain adequate information relating to goods and services, including price, quantity, ingredients, and the risk or side effects involved, from the consumer.

3. Right to Choice: Consumers have a right to choose from among various goods and services available at competitive prices and at fair terms under Sec. 7.

4. Right to Safety: The interests of consumers have a right to protection from hazardous goods and services that are life-threatening under Sec. 8.

5. Right to Be Heard: Consumers have the right to express their opinions and complaints regarding goods and services and to have their complaints heard and redressed without delay.

6. Right to Seek Redress: The consumers, anywhere their rights have been infringed upon, have a right to redress or compensation or other remedial measures through courts or other dispute resolution bodies.

Consumer Remedies

The CPA provides for various remedies for consumers whose rights have been violated:

1. Repairs, Replacement, or Refund: Consumers can demand that defective goods be repaired, replaced, or refunded by the supplier within a reasonable time and at the supplier's cost (Section 11).

2. Damages: A consumer may recover for loss or damage suffered in consequence of a prohibited act or practice, including loss or damage to person, property, or land, economic loss or consequential damages, and damages for inconvenience, distress, or loss of amenity (Section 12).

3. Injunctions: A consumer may apply to the court for an order enjoining a supplier from committing, continuing, or repeating an immoral, unfair, or misleading act or practice (Section 13).

4. Criminal Penalties: Any supplier who disregards the provisions of the CPA is liable, upon conviction in a court of law, to criminal sanction penalties in the form of fines and imprisonment under Section 14.

Recent Consumer Protection Cases

Kenyan courts have made several decisions relating to consumer protection under the CPA.

• In 2018, the Competition Tribunal in Kenya found Basco Paints guilty of deceptive advertising, arguing that it had laced its paint with "lead-free" substances while having excessively above-standard prescribed lead levels. The Tribunal called on and ordered Basco Paints to pay a fine of KES 20 million.
• In the case of Josephine Mbinya v. Kenya Power & Lighting Company Limited, the High Court awarded damages on 30 October 2019 to a consumer who fell victim due to electrocution from a faulty electricity meter installed by Kenya Power. The court believed KPLC violated the consumer's right to safety and quality services.

Conclusion

The Consumer Protection Act of 2012 has further streamlined Kenya's legal framework for consumer protection. This has been done by codifying major consumer rights and redress provisions in case of infringement. It provides protection that ensures fair and transparent business practices, giving consumers the strength to claim their rights.

While the CPA remains in force, its enforcement and implementation are still significant challenges, such as low consumer awareness, weak institutional capacity, and ineffective redress mechanisms. Consumer protection involves crucial collaborative efforts by the regulators, the business community, consumer organizations, and courts.

Effective consumer protection builds market trust, drives competition and innovation, and unleashes economic efficiency and social welfare. A commitment to ensuring the rights and interests of the consumer means Kenya can move to a more inclusive, sustainable, and prosperous economy.