Competition Act

66. Defence

Edition: 2022-12-31 · In force

66. Defence

(1)In an action under section 64, it shall be a defence to establish that—

(a)the defect in the action goods which is alleged to have caused the loss did not exist at the time of supply of the goods;

(b)they had that defect only because there was compliance with a mandatory standard for them;

(c)the state of scientific or technical knowledge at the time when they were supplied by their actual manufacturer was not such as to enable that defect to be discovered; or

(d)if they were comprised in other finished goods, that defect is attributable only to—

(i)the design of the finished goods; or

(ii)the markings on or accompanying the finished goods; or

(iii)the instructions or warnings given by the manufacturer of the finished goods.

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Source: Kenya Law