Can a seller repossess goods you bought on instalments?
Consumer Protection Act and Hire-Purchase Act · sources read 2 Oct 2026
Once you have paid two-thirds or more of the price under an instalment agreement, the seller cannot take back or resell the goods for missed payments without permission from the High Court. If an owner repossesses hire-purchase goods in breach of this rule, the agreement ends and you can sue to recover everything you paid.
- Where
- The High Court (the seller must get its permission); the appropriate court for a consumer claim
Steps
- Work out how much you have paid against the total you agreed to pay. The protection applies once you reach two-thirds or more.
- If the seller wants the goods back after that point, it must apply to the High Court. The court can refuse, allow it, or allow it on conditions.
- If hire-purchase goods were taken without following the rule, you can sue the owner to recover all sums you paid under the agreement.
- A consumer with a right of action under the Consumer Protection Act can bring the case in the appropriate court.
Watch out
- This is not a ban on repossession: the High Court can still give the seller permission, sometimes on conditions.
- Below two-thirds paid, this protection does not apply, and the agreement's own terms on default matter.
- If the seller does not deliver within 30 days of the agreed delivery date, you may cancel the agreement before delivery.
Who this covers
- Consumers under a future performance agreement: one where delivery, performance or full payment is not made when the agreement is signed, such as buying on instalments.
- Hirers under the Hire-Purchase Act who have paid two-thirds of the hire-purchase price.
Official sources (2)
- Consumer Protection Act, No. 46 of 2012 (Cap. 501) new.kenyalaw.org · read 2 Oct 2026
- David Karobia Kiiru v Laverage Company Ltd [2017] KEHC 5757 (KLR) new.kenyalaw.org · read 2 Oct 2026