A phone that stops working a week after purchase, a shelf price that is different at the till, a bank charge that was never disclosed, or a deposit for goods that never arrive. Every Kenyan consumer has been there. The law gives you real rights in these situations, and several bodies that can enforce them. This guide explains what those rights are and where to complain.
Your constitutional rights as a consumer
Article 46 of the Constitution gives every consumer the right to:
- goods and services of reasonable quality;
- the information necessary to gain the full benefit from goods and services;
- the protection of their health, safety and economic interests; and
- compensation for loss or injury arising from defects in goods or services.
These rights apply to goods and services offered by public bodies as well as private businesses.
The main laws
- The Consumer Protection Act, 2012 prohibits unfair practices and contains rules on consumer agreements, including agreements made online.
- The Competition Act, 2010 contains consumer protection provisions enforced by the Competition Authority of Kenya (CAK).
- The Sale of Goods Act implies conditions into contracts of sale: goods must match their description, be of merchantable quality and be fit for any particular purpose you made known to the seller.
- Sector laws cover banking, telecommunications, insurance, energy and other regulated services.
Common unfair practices
- False or misleading representations, such as claiming that goods have features, a quality or a price advantage they do not have.
- Hidden charges that were not disclosed before you agreed to buy.
- Charging more than the displayed price.
- Unconscionable conduct, such as taking advantage of a consumer who cannot understand the terms of an agreement.
- Unsafe or substandard goods.
A “no refunds” sign does not necessarily defeat your rights where goods are faulty or were misdescribed. It is more relevant where you simply change your mind.
What to do if goods are faulty
- Stop using the item if it is unsafe, and keep it in the condition you found it.
- Keep your receipt and any warranty, packaging and advertising material.
- Complain promptly and in writing, describing the fault and saying whether you want a repair, a replacement or a refund.
- Keep a record of every call, visit and message.
Acting quickly matters. The longer you keep and use a faulty item without complaint, the harder it becomes to reject it.
Buying online
Online shopping is covered. The Consumer Protection Act contains specific rules for internet agreements, including what the seller must disclose before you buy. Before you pay, check the seller’s identity and physical address, the total price including delivery, the delivery date and the return policy. Keep screenshots of the listing and your order confirmation.
Where to complain
1. The trader
Start with a written complaint to the business itself. Many disputes end here, and a written complaint is useful evidence if they do not.
2. The Competition Authority of Kenya
The CAK receives and investigates consumer complaints about false or misleading representations, unconscionable conduct and unsafe goods. It has ordered traders to refund customers. In 2020, for example, it ordered a supermarket to refund customers it had overcharged for hand sanitiser. You can complain to the CAK through its official website.
3. The sector regulator
- Communications Authority of Kenya: mobile, internet and broadcasting services.
- Central Bank of Kenya: banks, mobile money and licensed digital lenders.
- Insurance Regulatory Authority: insurance companies and intermediaries.
- Energy and Petroleum Regulatory Authority (EPRA): electricity, fuel and LPG.
- Kenya Bureau of Standards (KEBS): product standards and quality.
- Anti-Counterfeit Authority: counterfeit goods.
4. The Small Claims Court
For a refund or compensation of up to KSh 1 million, the Small Claims Court offers a quick and inexpensive route. See our guide to filing a small claim.
5. The courts
Serious cases, such as injury caused by a defective product, or practices that affect many consumers, may justify a claim in the ordinary courts or a constitutional petition.
Frequently asked questions
Does a shop have to give me a refund?
If the goods are faulty, do not match their description or are not fit for their purpose, you are generally entitled to a remedy, which may be a repair, a replacement or a refund. If you simply changed your mind, a refund depends on the shop’s own policy.
The till charged more than the shelf price. What can I do?
Point out the difference at the till and ask to pay the displayed price. Keep the receipt and a photograph of the shelf label. If the problem continues, complain to the CAK, which has investigated pricing mismatches.
My bank charged a fee I never agreed to. Who do I complain to?
Complain to the bank first, in writing. If that does not resolve the matter, escalate to the Central Bank of Kenya.
How we can help
We advise consumers on disputes with traders, banks, insurers and service providers, and we represent clients before regulators, the Small Claims Court and the courts. We also advise businesses on complying with consumer protection law. Contact Odek Law Advocates.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.