ADVOKS GLOBAL · KENYA
Consumer Protection Act
9. Unsolicited goods and services
Edition: 2022-12-31 · In force
9. Unsolicited goods and services
(1)Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal.(2)No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft unless, if at the time of consumption the consumer reasonably believed that the goods or services were meant for his consumption.(3)A request for goods or services shall not be inferred solely on the basis of payment, inaction or the passing of time.(4)If a consumer is receiving goods or services on an ongoing or periodic basis and there is a material change in such goods or services, the goods or services shall be deemed to be unsolicited from the time of the material change forward unless the supplier is able to establish that the consumer consented to the material change.(5)A supplier may rely on a consumer’s consent to a material change that is made orally, in writing or by other affirmative action but the supplier shall bear the onus of proving the consumer’s consent.(6)If a supplier has received a payment in respect of unsolicited goods or services, the consumer who made the payment may demand a refund of the payment in accordance with section 80 within one year after having made the payment.(7)A supplier who receives a demand for a refund under subsection (6) shall refund the payment within the prescribed period of time.(8)In this section, "unsolicited goods or services" means goods that are supplied to a consumer who did not request them but does not include—(a)goods that the recipient knows or ought to know are intended for another person;(b)a change to periodically supplied goods, if the change in goods is not a material change; or(c)goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation; or(d)services that are supplied to a consumer who did not request them but does not include—(i)services that were intended for another person from the time the recipient knew or ought to have known that they were so intended;(ii)a change to ongoing or periodic services that are being supplied, if the change in the services is not a material change; or(iii)services supplied under a written future performance agreement that provides for the ongoing or periodic supply of services to the recipient without further solicitation.