ADVOKS GLOBAL · KENYA
The Competition Act (General) Rules, 2019
33. Recognition of consumer bodies
Edition: 2019-12-06 · In force
33. Recognition of consumer bodies
(1)Pursuant to section 9(e) of the Act, the Authority may recognize organizations formed for the purposes of protecting consumers or furthering of consumer welfare.(2)An organization may apply to the Authority to be recognised as a consumer body.(3)Without prejudice to sub-section (2), the Authority may, on its own motion, carry out a market survey and identify organizations involved in consumer protection and invite them to apply to be recognized as consumer bodies.(4)The Authority shall assess and profile organizations which have applied for recognition.(5)The following considerations may apply in order to be recognized by the Authority as a consumer body—(a)be duly registered by the relevant government agencies;(b)have a postal, email, and physical address(c)have an established office premises;(d)have an organisation structure;(e)have evidence of adherence to corporate governance principles; and(f)have proof of engagement in consumer protection activities.(6)After consideration of an application by an organization to be recognized as a consumer body, the Authority shall make a determination in respect of the application, and may-(a)recognize the organization as a consumer body;(b)recognize a consumer body with conditions; or(c)refuse to recognize the organization as a consumer body.(7)Where the Authority recognizes a consumer body, it may revoke the recognition if it finds that—(a)the recognition was granted based on materially incorrect or misleading information;(b)there has been a material change of circumstances since the recognition was granted; or(c)a condition upon which the recognition was granted has not been complied with.(8)Where the Authority proposes to revoke recognition of a consumer body, it shall-(a)give notice in writing of the proposed action to the consumer body; and(b)give the consumer body an opportunity to make any representations within twenty-one days of receipt of the notice.