COFEK can Do more for a Well Functioning Consumer Protection Regime

Kenya has a legal framework and no political goodwill to ensure it has a well functioning consumer protection regime this is according to the Consumers Federation of Kenya (Cofek).

The Consumer Protection Act (CPA) No. 46 of 2012 gives consumers the right to demand quality goods and services in Kenya in accordance to Article 46 of the Constitution 2010 which states that, “Consumers have the right to goods and services of a reasonable quality.”

It further provides that consumers have the right, “To the information necessary for them to gain full benefit from goods and services; to the protection of their health, safety, and economic interests; and to compensation for loss or injury arising from defects in goods or services”.

This applies to goods and services offered by public entities or private persons.

The Consumer Protection Act (CPA) promotes and advances the social and economic welfare of consumers in Kenya by protecting consumers from all forms and means of unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices including deceptive, misleading, unfair or fraudulent conduct through consumer awareness, information and encouraging responsible and informed consumer choice and behavior.

The Act provides for warranties for damaged or injurious goods. It  also requires regulators to involve consumers when making major decisions about services and products.

Kenya also has the Consumer Protection Bill, 2007  which is yet to be enacted into law.

Other pieces of legislation in place include the Consumer Protection Act which came into effect in 2013, and the Competition Act, 2010 which protects consumers from unfair and misleading market conduct.

All these pieces of legislation led to the formation of the COFEK in 2010 whose mandate is, “To defend, promote, develop and pursue consumer rights as guided by Article 46 of the Constitution of Kenya 2010, the Consumer Protection Act, 2012 and the Competition Act, Cap 504 and make it possible for the consumers to get value for money.”

Since inception, COFEK has reported success stories and also had a share of negative repercussions in their mission to empower people to make informed choices on safe and sustainable goods and services and protect the consumer against unfair practices in the marketplace where individual and collective consumer rights are secure and respected.

However, in poll that they carried online, “Are you a proud Kenyan Consumer on average? 59 percent of Kenyans said they are  compared to 19 who said they are.

https://twitter.com/ConsumersKenya/status/786098273190830080

The above statistics justify their notion of no political good will. And they have to remain consistent in empowering the consumers to have the power to  to know their rights and to know the market.

Some of the cases being heard in court include:

The Commercial Bank of Africa (CBA) and the Central Bank of Kenya (CBK) over non-compliance with the lending rates on Mshwari service.

Other notable court suits are: challenging the dismissal of University of Nairobi’s Deputy Vice Chancellor Bernard Njoroge, extension of the digital migration deadline.

However, COFEK can do more.

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