The Consumer Protection Act Cap 501 in Kenya

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94 sections

• Section 1 of The Consumer Protection Act CAP 501: Short title
  

  This Act may be cited as the Consumer Protection Act.

  
  
• Section 2 of The Consumer Protection Act CAP 501: Interpretation
  

  (1) In this Act, unless the context otherwise requires— "advance" means value, as prescribed, received by the borrower under a credit agreement; "accredited consumer organization" means society registered under the Societies Act (Cap. 108), for the purposes of consumer protection and related...

  
  
• Section 3 of The Consumer Protection Act CAP 501: Interpretation and purposes of Act
  

  (1) This Act must be interpreted in a manner that gives effect to the purposes set out in subsection (4). (2) When interpreting or applying this Act, a person, court or the Advisory Committee may consider— (a) appropriate foreign and international law; and (b) appropriate international...

  
  
• Section 4 of The Consumer Protection Act CAP 501: Class proceedings
  

  (1) A consumer may commence a proceeding on behalf of a class of persons or may become a member of such class of persons in a proceeding in respect of a dispute arising out of a consumer agreement despite any term or acknowledgment in the consumer agreement or other agreement that purports to...

  
  
• Section 5 of The Consumer Protection Act CAP 501: Quality of goods and services
  

  (1) The supplier is deemed to warrant that the goods or services supplied undera consumer agreement are of a reasonably merchantable quality. (2) The implied conditions and warranties applying to the sale of goods underthe Sale of Goods Act (Cap. 31) shall apply with necessary modifications to...

  
  
• Section 6 of The Consumer Protection Act CAP 501: Estimates
  

  (1) If a consumer agreement includes an estimate, the supplier shall not chargethe consumer an amount that exceeds the estimate by more than ten per cent. (2) If a supplier charges an amount that exceeds the estimate by more than tenper cent, the consumer may require that the supplier provide the...

  
  
• Section 7 of The Consumer Protection Act CAP 501: Ambiguities
  

  Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer.

  
  
• Section 8 of The Consumer Protection Act CAP 501: Charging consumers for assistance
  

  No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and...

  
  
• Section 9 of The Consumer Protection Act CAP 501: Unsolicited goods and services
  

  (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited...

  
  
• Section 10 of The Consumer Protection Act CAP 501: Consumer may commence action
  

  A consumer who made payment under section 9(6) may commence action to recover the payment in accordance with section 84.

  
  
• Section 11 of The Consumer Protection Act CAP 501: Advertising of illegal sites
  

  (1) No person shall advertise an internet gaming site that is operated contrary to any written law. (2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person. (3) For the purpose of...

  
  
• Section 12 of The Consumer Protection Act CAP 501: False representation
  

  (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. (2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations— (a) a...

  
  
• Section 13 of The Consumer Protection Act CAP 501: Unconscionable representation
  

  (1) It is an unfair practice to make an unconscionable representation. (2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the person’s employer...

  
  
• Section 14 of The Consumer Protection Act CAP 501: Renegotiation of price
  

  It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction.

  
  
• Section 15 of The Consumer Protection Act CAP 501: Prohibition of unfair practices
  

  (1) No person shall engage in an unfair practice. (2) A person who performs an act referred to in sections 12, 13 and 14 shallbe deemed to be engaging in an unfair practice. (3) It is not an unfair practice for a person, on behalf of another person, to print, publish, distribute, broadcast or...

  
  
• Section 16 of The Consumer Protection Act CAP 501: Rescinding agreement
  

  (1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. (2) A consumer is entitled to recover...

  
  
• Section 17 of The Consumer Protection Act CAP 501: Application of Part
  

  (1) Despite sections 78 and 79, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be...

  
  
• Section 18 of The Consumer Protection Act CAP 501: Requirement for future performance agreements
  

  Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.

  
  
• Section 19 of The Consumer Protection Act CAP 501: Cancelling future performance agreements
  

  A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 18.

  
  
• Section 20 of The Consumer Protection Act CAP 501: Repossession after payment of two-thirds
  

  (1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security agreement incidental to the agreement, under which the supplier may retake possession of or resell the...

  
  
• Section 21 of The Consumer Protection Act CAP 501: Late delivery
  

  (1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier— (a) does not make delivery within thirty days after the delivery date specified in the agreement or an amended delivery...

  
  
• Section 22 of The Consumer Protection Act CAP 501: Requirements for time share agreements
  

  Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.

  
  
• Section 23 of The Consumer Protection Act CAP 501: Cancellation of time share agreements
  

  (1) A consumer may, without any reason, cancel a time share agreement atany time from the date of entering into the agreement until ten days after receiving the written copy of the agreement. (2) In addition to the right under subsection (1), a consumer may cancel a timeshare agreement within one...

  
  
• Section 24 of The Consumer Protection Act CAP 501: Requirements for personal development services agreements
  

  (1) Every personal development services agreement shall be— (a) in writing; (b) delivered to the consumer; (c) made in accordance with the prescribed requirements. (2) No supplier shall require or accept payment for personal development services from a consumer with whom the supplier does not...

  
  
• Section 25 of The Consumer Protection Act CAP 501: An agreement is for one year
  

  (1) No personal development services agreement may be made for a termlonger than one year after the day that all the services are made available to the consumer. (2) Any personal development services agreement that provides for a renewalor an extension of the agreement beyond one year shall be...

  
  
• Section 26 of The Consumer Protection Act CAP 501: Only one agreement
  

  (1) No supplier shall enter into a new agreement for personal developmentservices with a consumer with whom the supplier has an existing agreement for personal development services unless the new agreement is for personal development services that are distinctly different from the services provided...

  
  
• Section 27 of The Consumer Protection Act CAP 501: Initiation fee
  

  No supplier of personal development services shall— (a) charge a consumer more than one initiation fee; or (b) charge an initiation fee that is greater than twice the annual membership fee.

  
  
• Section 28 of The Consumer Protection Act CAP 501: Installment plans
  

  (1) Every supplier of personal development services shall make available to consumers at least one plan for installment payments of membership fees and initiation fees, if applicable, that allow consumers to make equal monthly payments over the term of the personal development services...

  
  
• Section 29 of The Consumer Protection Act CAP 501: Cancellation: cooling-off period
  

  (1) A consumer may, without any reason, cancel a personal development services agreement at any time within ten days after the later of receiving the written copy of the agreement and the day all the services are available. (2) In addition to the right under subsection (1), a consumer may cancel a...

  
  
• Section 30 of The Consumer Protection Act CAP 501: Trustee for payment for unavailable services
  

  (1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made. (2) Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use...