New Bill Allowing Kenyans to Get Refund for Rejected Goods to Cost Govt Ksh 243M

An image shopping at a local supermarket in Nairobi.
A photo of a Kenyan shopping at a local supermarket in Nairobi on March 27, 2019.
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Duka Kenya

Vihiga Woman Representative Beatrice Adagala proposed changes to the Consumer Protection (Amendment) Bill 2023 to allow consumers the right to reject and obtain refunds and repair or replacement for goods bought within 14 days.

The Bill which was approved by the Budget and Appropriations Committee of the National Assembly on March 30, allows businesses to claim a tax deduction or credit for the cost of goods returned.

This, according to the financial experts at the Parliamentary Budget Office, will lead to a Ksh243 million loss incurred by the government after three years, should the bill sail through. 

Adagala argued that the proposal was in line with the rights of the consumers and the need to protect them from unscrupulous suppliers.

An image portraying a laptop and a shopping cart.
An image portraying a laptop and a shopping cart.
SoftMas Solutions

She stated that the gains once the Bill becomes law will outweigh the losses.

“There are business people who often supply substandard goods. What I am saying is that consumers need to be protected.

“Any business transaction should be defined by customer satisfaction. Any transaction should provide good value for money,” she stated.

Further, the bill suggested that the reasonable time or significant inconvenience was to be determined by taking into account the nature of goods and the purpose for which they were acquired.

It allows the consumer seven days of delivery to return the goods to the supplier if they are not compliant with the law or to their satisfaction.

“The supplier must repair or replace the goods in a reasonable amount of time and without causing significant inconvenience to the consumer,” the bill read in part.

In addition, Adagala stated that many Kenyans were deceived while purchasing goods online through social media and online portals.

“They demand that you pay first before the goods are supplied but when they are delivered, you find that they don’t meet the requirements of the law.

“Some consumers also get harassed by these suppliers along the way. I am saying this must stop and that the time is now,” she said.

The bill was directed to the Government Printer for publication and introduction in the House.

The Consumer Protection Bill under Article 46 of the Constitution stated that consumers have a right to goods and services of reasonable quality.

“A right to the information necessary for them to gain full benefit from goods and services, to the protection of their health, safety, and economic interests, and to compensation for loss or injury arising from defects in goods or services,” the Act reads in part.

A shopping trolley at a supermarket
A shopping trolley at a supermarket
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