CONSUMER PROTECTION SEM I 24-25

UNIVERSITY OF EMBU

 

Course Outline: Consumer Protection Law (CODE 311)

Course Description:

This course provides an in-depth exploration of Consumer Protection Law in Kenya, covering key legislation, consumer rights, available remedies, and regulatory frameworks. It examines both private and public law approaches to consumer protection and considers the impact of regional and international instruments. The course is designed to equip students with a thorough understanding of how consumer protection is structured, enforced, and evolved within the Kenyan legal system and beyond.

Expected Learning Outcomes:

By the end of the course, learners should be able to:

  1. Identify and explain the legal framework for consumer protection in Kenya.
  2. Analyze and evaluate the remedies available for breaches of consumer rights.
  3. Discuss major international instruments on consumer protection and their impact on national law.
  4. Explain the procedures for handling consumer disputes and the roles of various regulatory bodies.

Modes of Delivery:

  • Lectures
  • Tutorials
  • Group Discussions
  • Case Studies
  • Assignments

Course Assessment Weighting:

  • Final Examination: 70%
  • Continuous Assessment Tests (CATs): 30%
  • Total: 100%

Course Content:

Topic 1: Introduction to Consumer Protection Law

  • Overview and General Principles
  • Historical Context and Evolution of Consumer Protection Law
    • Pre-colonial, Colonial, and Post-colonial Developments
    • Influence of Common Law and Equity
  • The Emergence of Modern Consumer Protection Laws

Topic 2: Private Law Approaches to Consumer Protection

  • Consumer Protection through Contract Law
  • Tort Law and Consumer Protection (Negligence, Product Liability)
  • Case Study: The Ribena Case – Group Exercise and Debate
  • Critical Analysis of Court Decisions Involving Consumer Claims

Topic 3: Public Law Measures in Consumer Protection

  • Role of Public Law in Consumer Protection
  • Analysis of Key Legislative Measures
    • The Competition Act
    • The Standards Act
    • The Weights and Measures Act
  • Regulatory Bodies and Their Functions
    • Kenya Bureau of Standards (KEBS)
    • Competition Authority of Kenya (CAK)
  • Group Presentations: Selected Legislation and Regulatory Impact

Topic 4: The Consumer Protection Act, No. 46 of 2012

  • Detailed Overview of the Act
    • Consumer Rights: Right to Safety, Information, Choice, Redress, Representation
    • Unfair Practices: Misleading Representations, Unconscionable Conduct, False Advertising
    • Consumer Agreements and Transactions: Rights and Duties, Cancellation Rights, Cooling-off Periods
    • Implications Across Different Sectors: Financial Services, E-Commerce, Healthcare, Telecommunications
    • Remedies: Judicial and Administrative Remedies, Refunds, Replacements, Damages
  • Group Presentations: Role and Impact of Consumer Protection Watchdogs (e.g., KEBS, CAK, Office of the Ombudsman)

Topic 5: Regional Integration and International Law in Consumer Protection

  • Impact of Regional and International Instruments on National Consumer Protection Law
    • East African Community (EAC): Protocols and Regulations Affecting Consumer Rights
    • Common Market for Eastern and Southern Africa (COMESA): Consumer Protection Frameworks and Policies
    • European Union (EU): Comparative Analysis of Consumer Protection Laws
    • United Nations Conference on Trade and Development (UNCTAD): Guidelines for Consumer Protection

Group Discussions: Comparative Analysis of Consumer Protection in Different Jurisdictions Core

 

Reading Materials for the Course

1. Judith, T. (2015) Consumer and Commercial Law, Pearson Longman

2. Consumer Protection ACT. NO. 46 OF 2012.

3. Chuah, J. (2013) Law of International Trade, Sweet and Maxwell

4. Howells, G. and Weatherill, S. (2017). Consumer protection law.

5. Agarwal, V. K. (2016) Bharat's Consumer Protection: Law & Practice,New Delhi Press

 

Recommended Journals

1. Australian Journal of Competition and Consumer Law, ISSN 1838-9260

2. Journal of Consumer Policy, ISSN 1573-0700

 

Recommended Reference Materials

1. Woodroffe, G., Willett, C. and Twigg-Flesner, C. (2016) Woodroffe &

Lowe's Consumer Law and Practice, Sweet & Maxwell