Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
CONSUMER PROTECTION ACT
CAP. 501
- Published in Kenya Gazette Vol. CXV—No. 3 on 11 January 2013
- Assented to on 13 December 2012
- Commenced on 14 March 2013 by Consumer Protection Act Commencement
- [Amended by Finance Act, 2015 (Act No. 14 of 2015) on 1 October 2015]
- [Amended by Finance Act, 2016 (Act No. 38 of 2016) on 1 January 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Consumer Protection Act.2. Interpretation
3. Interpretation and purposes of Act
Part II – CONSUMER RIGHTS
4. Class proceedings
5. Quality of goods and services
6. Estimates
7. Ambiguities
Any ambiguity that allows for more than one reasonable interpretation of a consumer agreement provided by the supplier to the consumer or of any information that must be disclosed under this Act shall be interpreted to the benefit of the consumer.8. Charging consumers for assistance
No person shall charge a consumer for assisting the consumer to obtain any benefit, right or protection to which the consumer is entitled under this Act, unless, before the consumer agrees to pay the charge, the person discloses the entitlement’s existence and direct availability to the consumer and the cost, if any, the consumer would be required to pay for the entitlement if the consumer obtained the entitlement directly.9. Unsolicited goods and services
10. Consumer may commence action
A consumer who made payment under section 9(6) may commence action to recover the payment in accordance with section 84.11. Advertising of illegal sites
Part III – UNFAIR PRACTICES
12. False representation
13. Unconscionable representation
14. Renegotiation of price
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.15. Prohibition of unfair practices
16. Rescinding agreement
Part IV – RIGHTS AND OBLIGATIONS RESPECTING SPECIFIC CONSUMER AGREEMENTS
17. Application of Part
18. Requirement for future performance agreements
Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.19. Cancelling future performance agreements
A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements under section 18.20. Repossession after payment of two-thirds
21. Late delivery
22. Requirements for time share agreements
Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.23. Cancellation of time share agreements
24. Requirements for personal development services agreements
25. An agreement is for one year
26. Only one agreement
27. Initiation fee
No supplier of personal development services shall—28. Installment plans
29. Cancellation: cooling-off period
30. Trustee for payment for unavailable services
31. Disclosure of information on internet agreement
32. Copy of internet agreement
33. Cancellation of internet agreement
34. 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.35. Cancellation of direct agreements
36. 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.37. Copy of remote agreement
38. Cancellation of remote agreement
Part V – SECTORS WHERE ADVANCE FEE IS PROHIBITED
39. 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.40. Advance payments prohibited
41. Cancellation of consumer agreement on loan brokering, etc.
42. 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.43. Prohibited representations
An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.Part VI – REPAIRS TO MOTOR VEHICLES AND OTHER GOODS
44. Estimates
45. Estimate fee
46. Authorization required
47. 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.48. Posting signs
A repairer shall post the prescribed signs in accordance with the prescribed requirements.49. Return of parts
50. Invoice
The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.51. Warranty for vehicles
52. 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.Part VII – CREDIT AGREEMENTS
53. Application of Part
54. Agreement for credit card
55. 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.56. Consequence of non-disclosure
A borrower under a credit agreement is not liable to pay the lender—57. 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.58. Required insurance
59. Termination of optional services
60. Deferral of payments
61. Default charges
A lender is not entitled to impose on a borrower under a credit agreement default charges other than—62. Prepayment
63. 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.64. Disclosure of brokerage fee
65. Initial disclosure statement
66. Subsequent disclosure on fixed credit
67. Subsequent disclosure on open credit
68. Assignment of negotiable instrument
69. Obligations of assignee of lender
70. Order to pay indemnity
71. Allowance for trade-in subject to adjustment
Part VIII – LEASING
72. Application of Part
This Part applies to—73. Representations
74. Disclosure statement
Part IX – PROCEDURES FOR CONSUMER REMEDIES
75. Application of Part
This Part does not apply to remedies claimed in respect to unfair practices under Part III.76. Form of consumer notice
77. Consumer agreements not binding
78. Cancellation of consumer agreement
79. Effect of cancellation
80. Obligations on cancellation
81. 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 arrangement.82. Illegal charges and payments
83. Consumer’s recourse on credit card charges
84. Action in Court
85. 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.86. Confidentiality
87. Disclosure of information
88. Limitation of arbitration
Part X – THE KENYA CONSUMERS PROTECTION ADVISORY COMMITEE
89. Establishment of the Committee
90. Functions of the Committee
The functions of the Committee shall be—Part XI – GENERAL
91. Compliance with Cap. 394
92. General penalty
Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both.93. Regulations
94. Representation
There shall be consumer representation on all regulatory bodies and the respective appointing authorities shall have due regard to accredited consumer organizations and the Advisory Committee in making such appointments.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
01 January 2017
Amended by
Finance Act, 2016
Read this version
01 October 2015
Amended by
Finance Act, 2015
Read this version
14 March 2013
Commenced by
Consumer Protection Act Commencement
11 January 2013
13 December 2012
Assented to
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Judgment 74
Gazette 13
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