Section 77 of The Consumer Protection Act CAP 501: Consumer agreements not binding
(1) A consumer agreement is not binding on the consumer unless the agreement is made in accordance with this Act and the Regulations.
(2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a consumer agreement, even if the agreement has not been made in accordance with this Act or the Regulations, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.
(3) The provisions of this section shall not apply to those agreements made before the coming into force of this section.
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- Section 78 - Cancellation of consumer agreement
(1) If a consumer has a right to cancel a consumer agreement under this Act, the consumer may cancel the agreement by giving notice in accordance with section 76.
(2) The cancellation takes effect...
- Section 79 - Effect of cancellation
(1) The cancellation of a consumer agreement in accordance with this Actoperates to cancel, as if they never existed—
(a) the consumer agreement;
(b) all related agreements;
(c) all guarantees...
- Section 80 - Obligations on cancellation
(1) If a consumer cancels a consumer agreement, the supplier shall, unless the contrary is provided for in the agreement, in accordance with the prescribed requirements—
(a) refund to the consumer...
- Section 81 - Title to goods under trade-in payments
If the consumer recovers an amount equal to the trade-in allowance under section 71(1) and the title of the consumer to the goods delivered under the trade in arrangement has not passed from the...
- Section 82 - Illegal charges and payments
(1) If a supplier has charged a fee or an amount in contravention of this Act orreceived a payment in contravention of this Act, the consumer who paid the charge or made the payment may demand a...
- Section 83 - Consumer’s recourse on credit card charges
(1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any...
- Section 84 - Action in Court
(1) If a consumer has a right to commence an action under this Act, theconsumer may commence the action in the appropriate Court.
(2) If a consumer is successful in an action, unless in the...
- Section 85 - Waiver of notice
If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the...
- Section 86 - Confidentiality
(1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the Regulations shall preserve secrecy with respect to the...
- Section 87 - Disclosure of information
(1) If a supplier is required to disclose information under this Act, the disclosureshall be clear, comprehensible and in accordance with the standards set under the Standards Act (Cap. 496).
(2) If...
- Section 88 - Limitation of arbitration
(1) Any term or acknowledgment in a consumer agreement or a related agreement that requires or has the effect of requiring that disputes arising out of the consumer agreement be submitted to...
- Section 89 - Establishment of the Committee
(1) There is established a committee to be known as the Kenya Consumers Protection Advisory Committee.
(2) The Committee shall consist of—
(a) a Chairperson elected by members from among the members...
- Section 90 - Functions of the Committee
The functions of the Committee shall be—
(a) advising the Cabinet Secretary and ensuring relevant action on all aspects relating to consumer protection;
(b) formulation of policy relating to this...
- Section 91 - Compliance with Cap. 394
(1) No aircraft shall fly within Kenyan airspace unless such aircraft meets the safety requirements under the Civil Aviation Act (Cap. 394).
(2) Passenger air carriers shall provide such services...
- Section 92 - General penalty
Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three...
- Section 93 - Regulations
(1) The Cabinet Secretary shall make regulations for the better carrying out of the purposes of this Act.
(2) Without prejudice to the generality of subsection (1), the regulations madeunder this...
- Section 94 - Representation
There shall be consumer representation on all regulatory bodies and the respective appointing authorities shall have due regard to accredited consumer organizations and the Advisory Committee in...