On Thursday, June 15, President William Ruto reinforced rules allowing consumers to demand refunds and replacements of goods that fail to meet the prescribed market standards.
In the recommendations contained in his inaugural 2023/2024 Budget, President Ruto empowered the Competition Authority of Kenya (CAK) to help Kenyans seek redress through replacements or refunds.
National Treasury Cabinet Secretary Njuguna Ndung'u announced that the Competition Authority will further help Kenyans seek redress from predatory retailers, supermarkets, insurance firms and other merchants.
"On consumer protection, the Authority will monitor and investigate emerging consumer issues in the utility sector, pharmaceuticals, digital financial services, e-commerce, insurance, aviation and safety of basic commodities.
In addition, the Authority will seek redress through replacement or refunds to consumers affected by dark commercial patterns, scams, and fraud under the digital economy," Njuguna announced.
How To File
According to the Competition Authority of Kenya, aggrieved customers can file complaints with it directly. CAK receives complaints submitted to its post, mail, and telephone calls. The contact details are contained on its official website.
The authority noted that Kenyans can also submit complaints by visiting its offices in various parts of the country, starting with its main branch at CBK Pension Towers, along Harambee Avenue, Nairobi.
Upon visiting its offices, the customer must fill in a consumer complaint form and provide all the relevant information, including documents such as receipts. The purchased goods could also be required during this process.
On receipt of a consumer complaint, the Consumer Protection Department will acknowledge the complaint and advise the consumer on any information gaps.
It will then analyse the information provided before contacting the accused supermarket retailer to gather more insights into the case.
Suppose the investigation establishes that the goods were unfit for consumption or did not meet the market standards, the Competition Authority of Kenya, in collaboration with other government agencies, such as the Kenya Bureau of Standards (KEBS), issues notice to other consumers.
"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," the Competition Authority of Kenya states in its website.
However, complaints that do not fall under their mandate are referred to the relevant government agencies.
"Complaints that the Competition Authority of Kenya does not solve 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 five (5) years or to a fine not exceeding Ksh10 million or both," the laws stipulate.
