The Rights of a Consumer as Enshrined in the Kenyan Constitution

Most Kenyan consumers do not know that their rights are enshrined in the Constitution of Kenya and most of them have ended up being exploited without knowledge.

Article 46 of the Constitution of Kenya states that:

1. Consumers have the right –

a) To goods and services of reasonable quality

b) To the information necessary for them to gain full benefit from goods and services

c) To the protection of their health, safety, and economic interests; and

d) To compensation for loss arising from defects in goods or services.

2. Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising

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

According to the Consumer Protection Act, Number 46 of 2012, If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited from the time of the material change forward unless the supplier is able to establish that the consumer consented to the material change. 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.