Article 46 of our Constitution guarantees consumers right to quality goods, information, protection of their health, safety, economic interests and compensation for injury arising from defective goods.

Consumer Unity and Trust Society (CUTS) Nairobi in conjunction with Akiba Uhaki Foundation recently did a study on consumer protection in Kenya. The study involved assessment of the current state of the consumer welfare in Kenya. It identified consumers’ perception cross five sectors, namely: water, public transport, electricity, telecommunication and public healthcare. Below is a snapshot of consumer feedback in regard to water and electricity sectors:

Water supply:

36 percent of the respondents spend up to KES 500 monthly on water supply services while another 34 percent spend between KES 500-1000 monthly. 11 percent of the surveyed consumers spend between KES 1000-1500 on their monthly water bills.

[caption id="attachment_19426" align="alignnone" width="534"] table sourced from: State of the Kenyan Consumer 2012 report[/caption]

Despite high costs of water, Kenyan consumers still face challenges in the water sector. 75 percent of the respondents expressed concern about frequent water shortages while 53 percent observed that water contamination was a big concern. 32 percent thought that water tariffs were too high.

Despite facing these challenges, 45 percent of the respondents said lack of information about how to lodge a complain was the key reason for not seeking redress of their concerns. 28 percent felt that the agencies were unreliable and hence were not keen to complain. 16 percent observed they couldn’t access water supply agencies to file their compaints. 9 percent were discouraged by bureaucratic red-tape in these agencies while 3 percent said corrumption in this sector was the main hindrance.

44 percent of the respondents who tried to seek intervention by relevant agencies to rectify the problems they were facing said water providers were slow to respond to their complains while another 44 percent of the respondents found water providers response as being inefficient. 16 percent however though that water provider’s response was somewhat efficient.

Below is a look at consumer experience when seeking redress.

[caption id="attachment_19430" align="alignnone" width="641"] table sourced from: State of the Kenyan Consumer 2012 report[/caption]

Electricity

70 percent of the respondents find electricity as the most expensive component in the five sectors. 47 percent spend up to KES 1,000 monthly on electricity while 27 percent spend between KES 1,000-2,000. 9 percent spend between KES 2,000-3,000.

[caption id="attachment_19431" align="alignnone" width="518"] table sourced from: State of the Kenyan Consumer 2012 report[/caption]

76 percent of the respondents were concerned about frequent power cuts while 70 percent complained about high tariffs. 17 percent of the respondents complained about delays in redress after filling complaints and 15 percent said that incorrect bills a serious problem in the sector.

In regard to seeking redress over their concerns, 41 percent of the respondents said that lack of information about the channel to seek redress was a hindrance to their seek redress, while 24 percent said that the authorities were unreliable. 21 percent pointed out bureaucratic red-tape in the agency as a major hindrance in seeking redress, while 6 percent said corruption was the main impediment. 5 percent could not access the power company and 3 percent complained of inefficiency in their systems.

47 percent of those who tried to seek redress said that the agency was inefficient in handling complains while 27 percent complained about bureaucratic procedures. 17 percent said that the agency was slow to respond to their complaints while 27 percent complained about rude staff. Only 20 percent of the respondent found the system to be efficient.

[caption id="attachment_19433" align="alignnone" width="484"] table sourced from: State of the Kenyan Consumer 2012 report[/caption]

 Kenya is a signatory to the UN Guideline on Consumer Protection, 1985 (refered to as the UNGCP, expanded in1999), it is thus the duty of the Kenyan government to take the necessary steps for ensuring protection of certain basic rights of the Kenyan consumer. these rights include: right to safetly, right to be informed, right to choose, right to be heard, right to satisfaction of basic needs, right to redress, right to consumer education and right to a healthy environment. From the above consumer feedback, majority of the surveyed consumers feel that the government has failed to provide these rights adequately.