The Consumer Protection Act Cap 501 in Kenya

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Search Results...

94 sections

• Section 32 of The Consumer Protection Act CAP 501: Copy of internet agreement
  

  (1) A supplier shall deliver to a consumer who enters into an internet agreementa copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. (2) The copy of the internet agreement shall include such information as maybe prescribed. (3) For the...

  
  
• Section 33 of The Consumer Protection Act CAP 501: Cancellation of internet agreement
  

  (1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if— (a) the supplier did not disclose to the consumer the information required under section 38(1); or (b) the supplier did...

  
  
• Section 34 of The Consumer Protection Act CAP 501: Requirements for direct agreements
  

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

  
  
• Section 35 of The Consumer Protection Act CAP 501: Cancellation of direct agreements
  

  (1) A consumer may, without any reason, cancel a direct agreement at any timefrom the date of entering into the agreement. (2) In addition to the right under subsection (1), a consumer may cancel a direct agreement within one year after the date of entering into the agreement if the consumer does...

  
  
• Section 36 of The Consumer Protection Act CAP 501: Disclosure of information on remote agreements
  

  Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements.

  
  
• Section 37 of The Consumer Protection Act CAP 501: Copy of remote agreement
  

  (1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement. (2) The copy of the remote agreement shall include such information as maybe prescribed. (3) For the purposes...

  
  
• Section 38 of The Consumer Protection Act CAP 501: Cancellation of remote agreement
  

  (1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to comply with section 36. (2) A consumer may cancel a remote agreement within one year after the date the...

  
  
• Section 39 of The Consumer Protection Act CAP 501: Requirements for consumer agreements on loan brokering, etc.
  

  Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.

  
  
• Section 40 of The Consumer Protection Act CAP 501: Advance payments prohibited
  

  (1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until— (a) in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to...

  
  
• Section 41 of The Consumer Protection Act CAP 501: Cancellation of consumer agreement on loan brokering, etc.
  

  (1) A consumer who is a party to an agreement for loan brokering, credit repairor the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time from the date of entering into the agreement until ten days after receiving the written copy of the...

  
  
• Section 42 of The Consumer Protection Act CAP 501: Officers and Director
  

  The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator.

  
  
• Section 43 of The Consumer Protection Act CAP 501: Prohibited representations
  

  An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.

  
  
• Section 44 of The Consumer Protection Act CAP 501: Estimates
  

  (1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements. (2) Despite subsection (1), a repairer may charge for work or repairs without giving an estimate if— (a) the repairer offers to give the...

  
  
• Section 45 of The Consumer Protection Act CAP 501: Estimate fee
  

  (1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee. (2) A fee for an estimate shall be deemed to include the cost of diagnostic time,the cost of reassembling the goods and the cost...

  
  
• Section 46 of The Consumer Protection Act CAP 501: Authorization required
  

  (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. (2) No repairer shall charge, for work or repairs for which an estimate was given, an amount that exceeds the estimate by more than ten per cent.

  
  
• Section 47 of The Consumer Protection Act CAP 501: Authorization not in writing
  

  If an authorization required by section 44, 45 or 46 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.

  
  
• Section 48 of The Consumer Protection Act CAP 501: Posting signs
  

  A repairer shall post the prescribed signs in accordance with the prescribed requirements.

  
  
• Section 49 of The Consumer Protection Act CAP 501: Return of parts
  

  (1) Every repairer shall offer to return to the consumer all parts removed in thecourse of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that the consumer does not require their return. (2) Every repairer shall keep parts removed from goods...

  
  
• Section 50 of The Consumer Protection Act CAP 501: Invoice
  

  The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.

  
  
• Section 51 of The Consumer Protection Act CAP 501: Warranty for vehicles
  

  (1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of ninety days or five thousand kilometres, whichever comes first, or for such greater minimum as may be prescribed. (2) The...

  
  
• Section 52 of The Consumer Protection Act CAP 501: Consistent cost
  

  No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is to be paid, directly or indirectly, by an insurance company.

  
  
• Section 53 of The Consumer Protection Act CAP 501: Application of Part
  

  (1) This Part does not apply to a supplier credit agreement that— (a) requires the borrower to make payment in full in a single payment within a certain period after the supplier delivers a written invoice or statement of account to the borrower; (b) is unconditionally interest-free during the...

  
  
• Section 54 of The Consumer Protection Act CAP 501: Agreement for credit card
  

  (1) Notwithstanding any other provision of this Act, a consumer who applies fora credit card without signing an application form or who receives a credit card from a credit card issuer without applying for it shall be deemed to have entered into a credit agreement with the issuer with respect to the...

  
  
• Section 55 of The Consumer Protection Act CAP 501: Limiting liability for unauthorized charges
  

  A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit.

  
  
• Section 56 of The Consumer Protection Act CAP 501: Consequence of non-disclosure
  

  A borrower under a credit agreement is not liable to pay the lender— (a) the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or (b) as part of the cost of borrowing, any amount in excess of the amounts specified in the statements that this...

  
  
• Section 57 of The Consumer Protection Act CAP 501: Correcting errors
  

  If there is an error in a statement of account issued under a credit agreement for open credit, the lender shall correct the error in accordance with the prescribed requirements.

  
  
• Section 58 of The Consumer Protection Act CAP 501: Required insurance
  

  (1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower. (2) A lender who...

  
  
• Section 59 of The Consumer Protection Act CAP 501: Termination of optional services
  

  (1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving thirty days' notice or such shorter period of notice as is specified in the agreement under which the service is provided. (2) A borrower who terminates an optional...

  
  
• Section 60 of The Consumer Protection Act CAP 501: Deferral of payments
  

  (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must disclose whether or not interest will accrue on the unpaid amount during the period of the deferral and, if interest will accrue, the...

  
  
• Section 61 of The Consumer Protection Act CAP 501: Default charges
  

  A lender is not entitled to impose on a borrower under a credit agreement default charges other than— (a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement; (b) reasonable charges in...