ADVOKS GLOBAL · KENYA
Competition Act
61. Notice to consumers
Edition: 2022-12-31 · In force
61. Notice to consumers
(1)Where a person (in this section referred to as the "supplier"), in trade, supplies, on or after the commencement date of this Act, goods that are intended to be used, or are of a kind likely to be used, by a consumer, and—(a)it appears to the Authority that the goods are goods of a kind which will or may cause injury to any person;(b)the goods are goods of a kind in respect of which there is a prescribed consumer product safety standard and the goods do not comply with that standard; or(c)the goods are goods of a kind in relation to which there is in force a notice under section 58;(d)it appears to the Authority that the supplier has not taken satisfactory action to prevent the goods causing injury to any person, the Authority shall, by appropriate notice, require the supplier to take action in accordance with subsection (2).(2)The Authority shall, in the circumstances set out in subsection (1), require the supplier to—(a)recall the goods within a period specified in the notice;(b)disclose to the public, or to a class of persons specified in the notice, in the matter and within the period specified in the notice, one or more of the following—(i)the nature of a defect in, or a dangerous characteristic of, the goods identified in the notice;(ii)the circumstances, being circumstances identified in the notice, in which the use of the goods is dangerous; or(iii)procedures for disposing of the goods specified in the notice;(c)inform the public, or a class of persons specified in the notice, in the manner and within the period specified in the notice, that the supplier undertakes to—(i)repair the goods, except where the notice identifies a dangerous characteristic of the goods, repair the goods;(ii)replace the goods; or(iii)refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods, within the period specified in the notice.(3)Prior to the publication by the Authority of the notice mentioned in subsection (1)(c), the Authority shall notify the affected party accordingly and give him an opportunity to be heard as to why such notice should not be published.(4)The Authority shall consider representations made under subsection (3) and communicate its decision as to publication within a period of twenty-one days.(5)A person aggrieved by the decision of the Authority under subsection (4) may appeal to the Tribunal.