Article xvii short notes on the consumer protection act, 1986. Kenyas protection of traditional knowledge and cultural. The study will start of with a brief discussion on the implementation and need for a consumer protection act in south africa, followed by the sellers common law obligations. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The date of commencement of the act is 21 september 2016, which means the. Requirements of franchise agreements chapter 2 fundamental consumer rights part a right of equality in consumer market 8. The consumer protection act south african health care 169 involving the supply of goods or services in exchange for consideration2 unless the transaction is exempted from the application of the act. Consumer protection act, no 68 of 2008 legal legal and. Section i on 15th september, 2015 all other provisions. In conclusion, although consumer protection law within kenya is very much in its infancy, there have been several significant developments in this area over the last three years, namely the promulgation of the new constitution in 2010 and the subsequent enactment of the consumer protection act, which came into effect in 20 as well as. This act provides for the protection of the consumer and prevents unfair trade. The date of commencement of the act is 21 september 2016, which means the act is now in force. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009.
Page 1 of 22 consumers federation of kenya draft 2 consumer protection guidelines may 27, 2014 consumers federation of kenya cofek consumer protection act, 2012 draft consumer protection regulations code, 20 background the consumer protection act cpa2012 provides for the protection of the. In the year 20, the data protection bill 20 was drafted to give effect to article 31c and d. Protection against discriminatory marketing 4 5 10 15 20. Regrettably, cable vandalism is rampant in kenya, due to. Introduction the background assumption, which is the motive force behind consumerism, is the manner in which the consumer is rated in the contest with manufacturers, sellers and suppliers of goods and services. The consumer protection act 2012 that was later assented into law on 14 march 20, has been deemed as a turning point for customers country wide, considering that it is the first of its kind to formally document the rights of consumers, and to provide guidelines on various consumer supplier interactions. In section 29 of the principal act, after sub section 2, the following sub sections shall be inserted, namely. Find jomo kenyatta university of agriculture and technology consumer protection law previous year question paper.
Consumer protection acts the consumer protection act 9 or zoos, lst june, 2005. The competition and consumer protection national assembly. Offences in connection with preparation and sale of injurious foods and adulterated drugs. The consumer affairs authority act no 09 of 2003 the consumer affairs authority act was passed in the parliament on 9th january 2003. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. Review of legal framework governing consumer protection in tanzania due to science and technology advancement and globalization in general it is very easy for the consumer to be affected health wise, economically and socially. This can be said to be because most claims made whenever there is a breach of consumer data confidentiality. In this regard, the 2012 act governs the protection of the consumer and aims to prevent unfair trade practices in consumer transactions. The logical conclusion that readily flows from the context analysis of this study is that the courts, relevant consumer protection statutes and regulatory agencies have failed to offer the desired and much expected protection to the. Sudhakar dokhane past president peata i this is a central govt.
The aim of the dissemination workshop was to launch the report as well as engage key stakeholders to chart the way forward for evolving a consumer protection regime in kenya. The main focus point of this dissertation is how the duties of a seller to an agreement of sale will be influenced and amended, either expressly or by implication. Rather, it was covered piecemeal in various pieces of legislation including the banking act cap 488 of the laws of kenya. The consumer protection act was enacted with a view to consolidate various consumer protection provisions scattered in several pieces of legislation. Consumer protection council act chapter c25 decree no 66 of 1992 laws of the federation of nigeria 23rd day of november 1992 the federal military government hereby decrees as follows. An act further to amend the consumer protection act, 1986. Sep 23, 2016 the bill was published in kenya gazette supplement no. It is hereby notified that the president has assented to the following act, which is hereby published for general information. This act may be cited as the consumer protection act. Consumer protection in kenya theory, law and practice mr. The consumer must also fully understand their contract. Food and drugs act 1959 uganda legal information institute. The consumer affairs authority comes under the purview of the ministry of cooperatives and internal trade. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
The consumer protection act and your lease agreement. Consumer related laws were scattered in many acts of parliament. The article discusses ten cases of consumer disputes. The consumers federation of kenya cofek is kenyas independent, selffunded, multisectoral, nonpolitical and apex nonprofit federation committed to consumer protection, education, research, consultancy, litigation, anticounterfeits campaign and business. In fact, the consumer protection act, 1986 creates a sense of legal awareness among the public and at the same time, brings a sense of disinterest to approach traditional courts, especially on consumerrelated matters. Consumer protection law introduction until 2012, kenya did not have a consumer protection act. Act applicable in all states of india, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities. The ceo of high flyers property yells at his inhouse legal advisor jack jack. Consumer protection in the financial services sector in kenya. It came into force with the establishment of the consumer affairs authority.
Notice in terms of section 673 of the competition act, 2003. Consumer protection act 68 of 2008 south african government. Jun 30, 2017 the consumer protection act, 2012 genesis to the act was article 46 of the constitution of kenya, 2010 competition act, 2010 consumer protection act, 2012 sets out consumers rights and obligations with respect to a product or service makes provision for the promotion and enforcement of consumer rights empowers consumers to seek redress for. See section 1 3 and 4 arrangement of sections section part ipreliminary i short title and commencement. Consumer privacy and data protection in ecommerce in kenya. Laws of kenya the hire purchase act chapter 507 revised edition 2010 1982 published by the national council for law reporting with the authority of the attorney general. Implementation in kenya of the united nations guidelines for consumer protection. Consumer rights and responsibilities communications authority. The industrial revolution and the development in the international trade and commerce has led to the vast expansion of business and trade, as a result of which a variety of consumer goods have appeared in the market to cater to the needs of the consumers and a host of services have been made available to the consumers like insurance, transport.
What do you mean you dont know whether the consumer protection act cpa which commenced on 1 april 2011 applies to our 20 000 lease agreements that we had running when the cpa started. Purchase or hire of good and services has become an inevitable part of our daily lives. This decision to effectuate such purchase or hire such service is essentially based on trust, failing which can cause, more often than not to the consumers. The bill was published in kenya gazette supplement no. The difference between bank products, services and channels is often misunderstood. Find out how the cpa impacts on your lease agreement. The consumer protection act, 1986 68 of 1986 24th december, 1986 an act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith.
The application of the consumer protection act in the south. General protection for purchasers of food and drugs. The consumer protection amendment act, 2002 third year of the republic of india as follows. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. The consumer protection act, 2012 genesis to the act was article 46 of the constitution of kenya, 2010 competition act, 2010 consumer protection act, 2012 sets out consumers rights and obligations with respect to a product or service makes provision for the promotion and enforcement of consumer rights empowers consumers to seek redress for. Consumer protection an act to make provision for the greater protection of consumers, to establish a consumer protection commission and for the functions and powers of that commission and related matters. We have highlighted some portions of a letter from mihe gaomab ii, secretary and chief executive of the namibian competition commission. Authorisation this guideline is issued under section 334 of the banking act, which empowers the central bank of kenya to issue guidelines to be adhered to by institutions in order to maintain a stable and efficient banking and financial system. The consumer protection act 1987 removes the need to prove negligence. The financial consumer protection guidelines fcpgs were issued by bank of uganda in june 2011 to all supervised financial institutions sfis. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. This set of guidelines may from time to time be amended.
Consumer protection communications authority of kenya. In the past, people have not always been protected against the suppliers of goods or services. Suppliers misled consumers about the quality of their goods or services, or offered goods or services on unreasonable terms and conditions, leaving the consumer with no remedy in the event of a problem occurring with these goods or services. The consumer protection act, 1986 has been utilized by consumers because of its costeffectiveness and userfriendliness. Consumer protection in kenya theory, law and practice. Feel free to use the past paper as you prepare for your upcoming examinations. The consumers federation of kenya cofek is kenyas independent, selffunded, multisectoral, nonpolitical and apex nonprofit federation committed to consumer protection, education, research, consultancy, litigation, anticounterfeits campaign and business rating on consumerism and customercare issues. Assent 26th may, 2006 commencement 1st july, 2006 1. Jul 30, 2016 below is a brief analysis on the adequacy of the draft kenyas data protection bill 20 currently with the ag in imposing a legal burdenresponsibility on authorized users while conferring rights on persons to uphold the right to privacy as provided for in article 31 of the constitution of kenya. A customer can already sue a supplier, without proof of negligence, under the sale of goods law. Kenya deposit insurance kdi act regulations 1 draft regulations under section 74 the kenya deposit insurance act regulations in exercise of the powers conferred by section 74 of the kenya deposit insurance act, the minister for finance makes the following regulations the kenya deposit insurance regulations, 20 part i preliminary 1.
In addition, customers may not be clear on the information they. Be it enacted by parliament in the fifty short title and commencement. Review of legal framework governing consumer protection in. Part i establishment of consumer protection council etc.
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