“They are the largest economic group, affecting and affected by almost every public and private economic decision…. Yet they are the only important group… whose views are often not heard.”
– John F. Kennedy
A consumer, be it the poorest or richest human being in a society, prominence in the market is founded on the fact that they can seal the fate of the business through their choice process in the market.
There is no secret that informed consumers are better placed to assert their rights, make informed decisions, question actions and make positive criticism in an event involving commercial transaction. Below are a couple of rights you should enjoy at your capacity as a consumer. These rights have been sourced from the State of the Kenyan Consumer Report 2012.
Right to safety
Article 46 (1c and d) of the Kenyan Constitution entitle consumers to the protection of their health, safety and economic interest together with compensation for loss or injury arising from defects in goods or services. Relevant authorities must thus prohibit the sale of unsafe products in the market. The Pharmacy and Poisons Board’s pharmacovigilance department is responsible for ensuring the safety and efficacy of pharmaceutical products in the country by carrying out routine post market surveillance on all medicines in the country.
Article 59 of the Competition Act 2012 makes it an offence for a person, in trade or commerce, to supply goods that are intended to be used, or are of a kind likely to be used, by a consumer if the goods are of substandard quality, are unsafe, or banned in Kenya.
Right to information
As a consumer, you are entitled to complete, clear and understandable details on products or service price, quantity and ingredients from providers of goods and services, making you informed before making your purchase. Article 46(1b) of the Constitution entitles consumers to the information necessary for them to gain full benefit from goods and services.
Consumers have a right to access adequate, factual and timely information from a reliable objective source and must be assured of protection against dishonest or misleading advertisement. Article 33(1a) of the Constitution guarantees you right to freedom of expression, which includes freedom to seek, receive or impart information or idea.
Section 23 and 47 of the Kenya Communications Act of 1998 mandate the Communications Commission of Kenya (CCK) the responsibility of ensuring that communications services are provides throughout Kenya and that interest of all users of these services are protected with respect to prices, quality and variety of those services.
Right to choose
In your capacity as a consumer, you have the right to be presented with a variety of products and services of assured quality and competing prices to choose from in the market. According to the report, it is the responsibility of the government to ensure that consumers are able to access a variety of quality products and services at competitive prices. In the case of natural monopoly, there has to be a guarantee that the products or services are affordable and of the best quality.
Right to seek redress
Consumers have the right to seek redress in regard to grievances arising from engagement with sellers or suppliers of goods and services in a market place. The grievances may be due to false description on the products, poor quality, substandard products, over pricing or under packaging or underweight product, supply or wrong products or sale of expired products.
Article 46(1d) of the constitution guarantee consumer right to compensation for loss or injury arising from the defect in goods and services offered by public entities or private persons. The competition authority has the powers to determine consumer complaints and to compel violators to provide for compensation. A consumer who is dissatisfied by the resolution of the authority can move to the tribunal for redress.
Right to consumer education
One needs to be informed in order to make good choices. The right for consumer education means the right to acquire the knowledge and skills to be an informed consumer.
According to the United Nations Guideline, it is the government’s responsibility to develop or encourage the development of a general consumer education and information programmes, bearing in mind the cultural traditions of the people concerned with an aim of making enabling consumers capable of making an informed choice on goods and services.
Education empowers the consumers to collectively take action to secure their rights. In Kenya, consumer education has been facilitated by the Kenya Bureau of Standards (KEBS) through consumer awareness workshops and media campaigns in the country.