Hi Team.
The case was before Justice Chacha Mwita on 15th October 2024 where the Defendants argued that they were not the local distributors thus they should not be sued but the Judge issued directions that they must respond and gave them 14 days to file their responses and affidavits.
The case will be mentioned on 27th March for highlighting Submissions.
We are currently at 1,800 Petitioners and the MOST PETITIONERS IN ANY CASE IN KENYAN HISTORY. Congratulations. Let us grow the numbers even more keep on sharing. Thank you.
Compensation and Damages
Please note that as a Petitioner you have the right for direct compensation for any loss or injury. Please read that again.
What the law says:
Constitution of Kenya - Article 46 Consumer Protection –
1. Rights of Consumers (Section 46(1))
(a) To receive Goods and Services of Reasonable Quality
(b) Necessary Information for them to fully benefit from the goods and services
(c) Protection of Health, Safety, and Economic Interests
(d) to compensation for loss or injury arising from defects in goods or services.
Consumer Protection Act, Section 16. Rescinding agreement
(1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages.
(2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible—
(9) A court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section.
Consumer Protection Act, Section 84. Action in Court
(2) If a consumer is successful in an action, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover—
(a) the full payment to which he or she is entitled under this Act; and
(b) all goods delivered under a trade-in arrangement or an amount equal
to the trade-in allowance.
(3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.