Consumer Protection Regimes in Kenya With Specific Interest on the Role of Competition Law and Intellectual Property Law

Abstract

In the pre-2010 constitutional dispensation, Kenya had no specific law dealing with consumer protection. Various aspects of consumer protection were covered in numerous statutes, rules and regulations. The promulgation of the Constitution of Kenya in 2010 brought change to this position by providing consumer protection as a constitutional right and mandating parliament to enact the Consumer Protection Act 2012. However, parliament has also enacted various other statutes providing for the protection of consumer rights in Kenya. The overarching argument of this study is that despite the existence of a consumer protection statute, there are other relevant laws, rules and regulations that can be used to guarantee and protect consumer rights. This research study will identify Kenya’s legislative and administrative framework governing consumer protection. The study will seek to identify the interrelationship between consumer rights, competition law and intellectual property (IP) and interrogate the role competition law and IP play in consumer rights and protection. A comparative study with the United Kingdom (UK) will be undertaken to establish what lessons Kenya can draw from the UK consumer protection regime. A conclusion will be drawn at the end of the research study and recommendations made from the issues identified.