The Consumer Protection Act Cap 501 in Kenya

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Search Results...

94 sections

• Section 62 of The Consumer Protection Act CAP 501: Prepayment
  

  (1) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty. (2) If a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the...

  
  
• Section 63 of The Consumer Protection Act CAP 501: Disclosure representation
  

  No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the prescribed requirements.

  
  
• Section 64 of The Consumer Protection Act CAP 501: Disclosure of brokerage fee
  

  (1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, eitherdirectly or through a deduction from an advance, the initial disclosure statement for the credit agreement must disclose the amount of brokerage fee. (2) If a loan broker has delivered an initial disclosure...

  
  
• Section 65 of The Consumer Protection Act CAP 501: Initial disclosure statement
  

  (1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower at or before the time that the borrower enters into the agreement, unless the lender has adopted the loan broker’s initial disclosure statement as his, her or its own. (2) The initial disclosure...

  
  
• Section 66 of The Consumer Protection Act CAP 501: Subsequent disclosure on fixed credit
  

  (1) If the interest rate in a credit agreement for fixed credit is a floating rate, the lender shall, at least once every twelve months after entering into the agreement, deliver to the borrower a disclosure statement for the period covered by the statement disclosing the prescribed...

  
  
• Section 67 of The Consumer Protection Act CAP 501: Subsequent disclosure on open credit
  

  (1) Subject to subsection (2), the lender under a credit agreement for open credit shall deliver a statement of account to the borrower at least once monthly after entering into the agreement. (2) The lender is not required to deliver a statement of account to the borrower at the end of any period...

  
  
• Section 68 of The Consumer Protection Act CAP 501: Assignment of negotiable instrument
  

  (1) If a person assigns a negotiable instrument given to secure credit or a loan of money, the person shall deliver to the assignee with the negotiable instrument a copy of the statement required by section 65 and, if the person is a supplier creditor, a copy of the consumer agreement for the goods...

  
  
• Section 69 of The Consumer Protection Act CAP 501: Obligations of assignee of lender
  

  (1) If a lender assigns to a person the lender’s rights in connection with the extension of credit or the lending of money to a borrower, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the assignor in connection with the extension of the...

  
  
• Section 70 of The Consumer Protection Act CAP 501: Order to pay indemnity
  

  (1) If an assignor of a negotiable instrument is convicted of a contravention of section 65, the High Court making the conviction may order that the person convicted is liable to indemnify the maker. (2) If an indemnity order is made under subsection (1) in favor of a person who is or becomes...

  
  
• Section 71 of The Consumer Protection Act CAP 501: Allowance for trade-in subject to adjustment
  

  (1) If the amount to be paid by a consumer under a consumer agreementis determined after an allowance for a trade-in and is stated in the consumer agreement to be subject to adjustment after the existence or amount of liens against the trade-in is ascertained or confirmed, any statements of the...

  
  
• Section 72 of The Consumer Protection Act CAP 501: Application of Part
  

  This Part applies to— (a) leases for a fixed term of four months or more; (b) leases for an indefinite term or that are renewed automatically until one of the parties takes positive steps to terminate them; and (c) residual obligation leases.

  
  
• Section 73 of The Consumer Protection Act CAP 501: Representations
  

  (1) Any person who makes representations or causes representations to bemade about the cost of a lease, whether orally, in writing or in any other form, shall do so in accordance with the prescribed requirements. (2) Every lessor shall deliver a disclosure statement for a lease to the lessee before...

  
  
• Section 74 of The Consumer Protection Act CAP 501: Disclosure statement
  

  (1) The maximum amount of compensation that may be charged to a lessee bya lessor for termination of a lease before the end of the lease term may be limited as prescribed. (2) The maximum liability of the lessee at the end of the term of a residual Obligation lease after returning the leased goods...

  
  
• Section 75 of The Consumer Protection Act CAP 501: Application of Part
  

  This Part does not apply to remedies claimed in respect to unfair practices under Part III.

  
  
• Section 76 of The Consumer Protection Act CAP 501: Form of consumer notice
  

  (1) If this Act requires a consumer to give notice to a supplier to request aremedy, the consumer may do so by giving notice in accordance with this section. (2) The notice may be expressed in any way, as long as it indicates the intention of the consumer to seek the remedy being requested and...

  
  
• 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...

  
  
• Section 78 of The Consumer Protection Act CAP 501: 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 when the consumer gives notice.

  
  
• Section 79 of The Consumer Protection Act CAP 501: 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 given in respect of money payable under the consumer agreement; (d) all security given by the consumer...

  
  
• Section 80 of The Consumer Protection Act CAP 501: 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 any payment made under the agreement or any related agreement; and (b) return to the consumer in a...

  
  
• Section 81 of The Consumer Protection Act CAP 501: 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 consumer, the title to the goods vests in the person entitled to the goods under the trade-in...

  
  
• Section 82 of The Consumer Protection Act CAP 501: 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 refund by giving notice in accordance with section 76 within one year after paying the charge or making...

  
  
• Section 83 of The Consumer Protection Act CAP 501: 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 associated interest or other charges. (2) Subsection (1) applies to— (a) a payment in respect of a...

  
  
• Section 84 of The Consumer Protection Act CAP 501: 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 circumstances it wouldbe inequitable to do so, the court shall order that the consumer recover— (a) the full...

  
  
• Section 85 of The Consumer Protection Act CAP 501: 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 interest of justice to do so.

  
  
• Section 86 of The Consumer Protection Act CAP 501: 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 information and shall not communicate the information to any person except— (a) as may be required...

  
  
• Section 87 of The Consumer Protection Act CAP 501: 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 a supplier is required to deliver information to a consumer under this Act, the information must, in...

  
  
• Section 88 of The Consumer Protection Act CAP 501: 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 arbitration is invalid in so far as it prevents a consumer from exercising a right to commence an action in...

  
  
• Section 89 of The Consumer Protection Act CAP 501: 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 referred to in paragraph (d)(i); (b) the Principal Secretary in the ministry for the time being...

  
  
• Section 90 of The Consumer Protection Act CAP 501: 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 Act and legislative proposals in the interest of consumers and the modification, consolidation or...

  
  
• Section 91 of The Consumer Protection Act CAP 501: 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 including overnight accommodation or meals as may be prescribed to passengers whose flights have been...