ADVOKS GLOBAL · KENYA
Consumer Protection Act
17. Application of Part
Edition: 2022-12-31 · In force
17. Application of Part
(1)Despite sections 78 and 79, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of the cancellation of the agreement may be subject to such limitations as may be prescribed.(2)Sections 18 to 21—(a)apply to future performance agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount;(b)do not apply to agreements that are future performance agreements solely because of an open credit arrangement.(3)Sections 24 to 29—(a)apply in respect of personal development services or proposed personal development services for which—(i)payment in advance is required; and(ii)the consumer’s total potential payment obligation, excluding cost of borrowing, exceeds a prescribed amount;(b)do not apply to personal development services that are provided—(i)on a non-profit or co-operative basis;(ii)by a private club primarily owned by its members;(iii)as an incidental part of the goods or services that are being supplied to the consumer; or(4)Sections 31 to 33 apply to an internet agreement if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount.(5)Sections 34 and 35 apply to direct agreements if the consumer’s total potential payment obligations under the agreement, excluding the cost of borrowing, exceeds such amount as may be prescribed.(6)Sections 36 to 38 apply to remote agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds such amount as may be prescribed.