28No. 14
Consumer Protection
(2) Where no duration is fixed, nor the nature or volume of the
technology, goods or services determined, the sale, promotion or offer
shall be understood to extend for a maximum duration of thirty (30) days
from time of the last announcement.
(3) Where the advertiser of technology, goods or services in
promotion, sale or special offer fails to comply with the advertisement, a
consumer may
(a) take necessary steps to compel the supplier or trader to comply
with the obligation according to the general law of contract;
(b) accept another technology or goods or the rendering of an
equivalent service; or
© cancel the contract if there has been an advance payment by the
consumer.
47.-(1) Where abusive advertising results in loss to a consumer, the
consumer shall be entitled to claim compensation from the offer or, or
advertiser and the compensation shall in no event be less than the balance
between the price of the technology, goods or services under promotion
or sale and its regular or ordinary price or cost of replacement or repair.
Consumer to be
compensated
(2) Where the statements made in the advertisement are considered
false or misleading to consumers, the Council shall order an amendment
of –the content and such amendment shall be announced at the expense
of the advertiser through the same media used to disseminate the false or
misleading message.
(3) The advertiser shall bear the burden of proving the truth of the
statements contained in the advertising material.
48. Any person who contravenes any provision under this Part shall be
guilty of .an offence and upon conviction, liable to a fine of K500, 000
and to imprisonment for five years.
Offence and
penalty
PART VIII-MEASURES FOR CONSUMER REDRESS AND MECHANISMS
49.- (1) The defence, promotion or enforcement of rights under this
Act or any other written law shall be exercised or conducted through
individual or collective mediation, negotiation, arbitration or litigation.
(2) Collective mediation, negotiation, arbitration or litigation may be
conducted where collective or diffuse interests or rights are involved.
(3) Under “collective or diffuse interest” means supra-individual rights
or interests having an indivisible nature to which undetermined
individuals are entitled.
Representative
consumer or class
actions
Select target paragraph3