Taking a consumer dispute to court, even with an arbitration clause
Consumer Protection Act · sources read 2 Oct 2026
A contract clause that forces consumer disputes into arbitration is invalid to the extent it stops you suing in the High Court under the Consumer Protection Act, and a clause cannot stop you from starting or joining a class action. If you have a right of action under the Act, you can take it to the appropriate court.
- Where
- The appropriate court (High Court for rights under the Consumer Protection Act); the Competition Authority of Kenya for complaints
Steps
- File the claim in the appropriate court.
- Start a class action for a group of affected consumers, or join one, whatever the contract says.
- Once a dispute has arisen, you and the supplier can agree to settle it through any lawful procedure, such as mediation or arbitration.
- For misleading claims, unfair conduct or unsafe or defective goods, you can also complain to the Competition Authority of Kenya by post, email, phone or in person, using its consumer complaint form.
Watch out
- If you agree to a procedure after the dispute arises, the settlement or decision binds you.
- If you win, the court can also order exemplary or punitive damages or other relief it considers proper.
- CAK refers complaints outside its mandate to the right government agency, so a court claim may be the only route for some disputes.
Who this covers
- Consumers, including people who use the goods or receive the service even if someone else bought it.
Official sources (2)
- 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