Consumer Protection Division
The Consumer Protection Division is responsible for carrying out investigations relating to consumer protection violations under the Act specifically on false or misleading representations of goods and services, dangerous goods, poor safety standards, and unsafe goods and unconscionable conduct. The Authority also investigates undertakings that fail to comply with prescribed Consumer Product Safety Standards and prescribed Product Information Standards.
Consumer Protection under the EAC Competition Act, 2006
Article 36 of the EAC Common Market Protocol states that Partner States shall promote the interests of the consumers in the Community by appropriate measures that ensure the protection of life, health and safety of consumers and encourage fair and effective competition in order to provide consumers with greater choice among goods and services at the lowest cost.
The Act seeks to promote and protect fair competition and provide for consumer welfare in the Community. Specifically, Part VIII of the Act mandates the Authority to investigate complaints related to false or misleading representations of goods and services, dangerous goods, poor safety standards, and unsafe goods, unconscionable conduct, among others. The Authority also investigates undertakings that fail to comply with prescribed Consumer Product Safety Standards and prescribed Product Information Standards.
Further, the Authority is obligated to sensitize consumers about their rights and obligations under the Act. The Authority also advocates for compliance with the Act and cooperates with Partner States on matters related to consumer welfare.
Consumers can complain directly to the Authority through the post, Email, Telephone call or walking into the Authority’s offices. The consumer is required provide all the relevant information concerning the complaint.
On receipt of a consumer complaint, the Consumer Protection Division will;
- Acknowledge receipt of the complaint and advise the consumer on any information gaps.
- Upon receipt of all the information from the complainant, the Authority shall analyze the complaint and contact the accused person for information or clarity if necessary.
- The Authority may solve the complaints which include directing the parties for refund, replacement or repair of goods, withdrawal of misleading representations, recall of unsafe goods and notices to the public on the existence of such goods.
- Complaints that do not fall under the Authority’s jurisdiction are referred to the relevant jurisdiction or Consumer Agencies.
- Upon conviction, a person who contravenes the of the Act is liable to imprisonment or to a fine.