When a trader takes unfair advantage of you
Consumer Protection Act · sources read 4 Oct 2026
It is an unfair practice for a trader to take unfair advantage of you, for example when you could not understand the agreement, the price is far above what others charge, the deal is heavily one-sided, or you were put under undue pressure. You can cancel an agreement made after an unfair practice and claim damages, and a trader may not use your goods in its hands to pressure you into paying more than agreed.
- Where
- The trader first; the Competition Authority of Kenya (complain@cak.go.ke); then the appropriate court
Steps
- Tell the trader you are cancelling the agreement and why. Any form works; writing (SMS, email or letter) helps you prove it.
- You can complain to the Competition Authority of Kenya by post, email, phone or in person, using its consumer complaint form.
- If the trader does not give a satisfactory response in time, you can go to court.
Watch out
- A garage or shop holding your car, phone or other goods may not use that to pressure you into new terms. That is itself an unfair practice.
- If the deal can no longer be undone (for example the goods are used up), you can instead recover what you paid above their value, or damages, or both.
- Cancelling the agreement also cancels related agreements, guarantees, security and credit agreements linked to it, as if they never existed.
Who this covers
- Consumers who could not protect their interests because of disability, illiteracy, or not understanding the language of the agreement.
- Consumers charged a price that grossly exceeds what similar goods or services cost elsewhere.
- Consumers put under undue pressure to enter the deal, or given an excessively one-sided deal.
Official sources (2)
- Consumer Protection Act, 2012 (No. 46 of 2012), Kenya Gazette Supplement No. 201 parliament.go.ke · read 4 Oct 2026
- Consumer Protection cak.go.ke · read 2 Oct 2026