Returning faulty goods or getting a refund
Consumer Protection Act · sources read 5 Oct 2026
Every supplier is legally deemed to promise that what they sell you is of reasonably merchantable quality, and the Sale of Goods Act's implied conditions apply to consumer sales. A term like 'no refunds' or 'goods once sold are not returnable' that tries to remove these protections is void.
- Where
- Competition Authority of Kenya (complaints); the appropriate court
Steps
- Complain to the Competition Authority of Kenya about defective or unsuitable goods. It can order a refund, replacement or repair.
- File by post, email, phone or in person, using CAK's consumer complaint form.
- You can also take the claim to the appropriate court. If you win, the court orders you to recover the full payment you are entitled to.
Watch out
- A 'no refunds' term cannot take away the warranty, whether it is in the receipt, a sign or the contract.
- Such a term is cut out of the agreement and does not count as proof that the warranty was excluded.
- A court can refuse full repayment where that would be inequitable in the circumstances.
- If you examined the goods before buying, you cannot later complain about defects that examination should have shown.
Who this covers
- Consumers who bought goods or services from a supplier for payment.
- Goods that are not reasonably fit for a purpose you told the seller about, where you relied on the seller's skill or judgment.
- Goods bought by description from a seller who deals in them that are not of merchantable quality.
- Goods that do not match the description they were sold under.
- Goods the seller had no right to sell.
Official sources (3)
- Consumer Protection Act (Cap. 501, No. 46 of 2012) new.kenyalaw.org · read 2 Oct 2026
- Consumer Protection cak.go.ke · read 2 Oct 2026
- Sale of Goods Act (Cap. 31) new.kenyalaw.org · read 5 Oct 2026