State of Consumer Protection Report in Kenya – Request for Responses

When I call the bank to enquire about a wrongful transaction on my
credit card, I am kept waiting sometimes upto 20 minutes.    Within
those 20 minutes of waiting to speak to a customer service personnel,
I am subjected to all the adverts about what that company offers
including the plots and shambas that they have on offer, and in which
I have no interest whatsoever! AND All this on MY AIR TIME! So I get
agrieved TWICE! 

I have observed this trend with other companies that are meant to
provide services to wananchi, such as ISPs, Insurance companies etc.

Now, imagine the number of Kenyans who make daily calls to these
entities either seeking for information on services they are
subscribed to or needing clarification on stuff. As it is, they are
already paying  the said entities through some other means. 

Question: With the above scenario, are we consumers not being ripped
off right under our noses when we make these calls? Should banks
(major culprits) and all consumer companies (for lack of a better
word) not have  toll free numbers? If not, should they not bear this
cost? 

I learnt today that it is possible for entities bear the costs because
I was made to make some payments using paybill,  and I was not
charged the transaction fees. On enquiry, I was told that that
particular company bears the costs so that no charges are passed onto
the consumer. 

I think this is a consumer issue that must be debated in this report.

Best regards

Githaiga, Grace

On Wednesday, 04-04-2018 at 18:05 florence mwangangi via kictanet
wrote:

On ICT sector, consumers need PROTECTION FROM UNSOLICITED INFORMATION/
ADVERTISEMENTS from the MNOs and also other parties. It is not
uncommon for consumers to be inundated with such texts in the dead of
the night. THE OPT OUT NUMBERS DO NOT WORK AND THE TEXTS KEEP ON
COMING.

 Secondly, the MNOs APPEAR TO SHARE CONSUMER DATA WITH 3RD PARTIES.
That explains why traders who have not had any dealings with the
CONSUMER keep texting the consumer to advertise their ware.
On Energy and Power Consumers need protection from frequent power
blackouts – an example is KINANIE AREA OF ATHI RIVER WHERE ELECTRICITY
SUPPLY IS DISCONNECTED EVERY SUNDAY AND USUALLY WITHOUT NOTICE!!!

Secondly, the billing is most of the time based on ESTIMATES AND THE
BILLS ARE UNUSUALLY HIGH. 

Thirdly, TELEPHONE CALLS ON THE NUMBERS PROVIDED BY KPLC GO UNANSWERED
EVEN THOSE GIVEN AS EMERGENCY NUMBERS!!! 

On Wed, 4 Apr 2018, 15:53 Grace Bomu via kictanet, wrote:

Under both 1 and 2, data protectionUnder 2, films regulation, data
bundles

Best!

Il mercoledì 4 aprile 2018, Consumers Federation of Kenya (Cofek) via
kictanet ha scritto:

_Dear Mr Kivuva,_

_Many thanks for your kind response. _

_This is the Word version of our outline especially Thematic Theme
Number 2 on ICT_

_Kind Regards_

_Jacob _

STATE OF CONSUMER PROTECTION IN KENYA APRIL, 2018

About Cofek

The Consumers Federation of Kenya (Cofek) is Kenya’s independent,
self-funded, multi-sectorial, non-political and apex non-profit
Federation committed to consumer protection, education, research,
consultancy, litigation, anti-counterfeits campaign and business
rating on consumerism and customer-care issues. 

The Federation was registered on March 26, 2010. Cofek works towards a
fair, just and safe marketplace for all Kenyan and regional consumers
in all sectors of the economy. Cofek is a founder Chair of the
Government-run Kenya Consumer Protection Advisory Committee (Kecopac).
Our mandate is drawn from Article 46 of the Constitution of Kenya
2010, the Consumer Protection Act, 2012 and the Competition Act, Cap
504 among other statutes. The legal framework provides high thresholds
for consumer protection in all spheres and for both private and public
sectors.

Mandate
Our mandate is to defend, promote, develop and pursue consumer rights
as guided by Article 46 of the Constitution of Kenya 2010, the
Consumer Protection Act, 2012 and the Competition Act, Cap 504 and
make it possible for the consumers to get value for money

State of Consumer Protection Reports

The Consumer Protection Act, 2012 at Section 90(i) mandates the
Government of Kenya through KECOPAC to “undertaking or commissioning
any study or research which may be necessary to promote consumer
protection and thereby publish the State of National and County
Consumer Protection Annual Report”.

In the absence of such reports from Government, and on which basis
Cofek would play a central role, we are in the process of releasing a
report of the state of consumer protection on specific aspects – in
phases

Thematic Focus for State of Consumer Protection Reports – 1

We intend to release the State of Consumer Protection Report on the
following areas;

1.   Banking and Financial Services Sector: Interest rates capping
law; Sector Governance and overall discipline within the sector; Cost
of Credit; M-Shwari Interest case; Role of technology and implication
on cost of services; Marketing and Deceptive Advertising; Transparency
and Accountability; Bank disclosures and hidden costs; Mobile Money
Transfer Regulation Emerging Risks, Opportunities if any, among other
issues

2.   Information, Communication & Technology: Review sector
governance and in particular developments at Communications Authority
and other parastatals; Mobile Inter-operability; Crypto currency and
CBK discomfort; Safaricom Dominance; Sector Competition and Analysys
Mason Report; Consistent MNOs failure on Quality of Service
Assessments; Cost, Reliability; Quality and potential regulation of
Internet; Media Freedom; Mshwari – CBA & Safaricom excessive
interest rate (now known as “one off” or “facilitation” fee;
Opportunities for Telkom Kenya to increase sector competitiveness:
MNOs and Deceptive Advertising; Exclusive Mobile Inter-operability
Conversations fronted by CBK & ICT Ministry and MNOs; Pay-TV and
Premium Content Sharing, among other issues

3.   Energy Sector: Review sector governance and in particular
developments on soaring electricity prices and admission by KPLC of
“billing system errors”; Level of Taxes on cost on electricity –
Fuel Cost Charge; ForEx Adjustment as well as Inflation among others;
Fuel Adulteration; Deployment of thermal vs hydro & geothermal power
combined; Loans and Grants for Mega Projects, among others

STAKEHOLDER INPUT: AN INVITATION

As a requirement of public and stakeholder consultation, we invite
individual consumers and experts to weigh on the above-stated and
related issues. We will appreciate your brief take on the shift, if
any, of the access, quality, reliability and costs associated with
consumer services and goods in the 3 mentioned sectors. Cofek
undertakes to observe strict confidentiality. Such information will
not be a divulged to a third and will be solely used for the purpose
of developing the Cofek State of Consumer Protection Report within the
said sectors. Informants who choose to keep their identity are free to
send us anonymous contributions to: [email protected] on or before
Monday, April 9, 2018

From: [email protected] [mailto:[email protected]] On Behalf Of
Mwendwa Kivuva
Sent: Wednesday, April 4, 2018 1:10 AM
To: KICTAnet ICT Policy Discussions
Cc: Consumers Federation of Kenya (Cofek)
Subject: Re: [kictanet] State of Consumer Protection Report in Kenya –
Request for Responses

Either on Thematic area 1, or 2, you should have added a component on
betting, lotteries, and other con games that use tech to lure the
public.

Also, you would get more responses if you had posted the content of
the document on the list, instead of attaching the PDF. Generally,
less people will bother to open an attachment.

Regards

______________________
Mwendwa Kivuva, Nairobi, Kenya

On 3 April 2018 at 23:25, Consumers Federation of Kenya (Cofek) via
kictanet wrote:

Dear All,

We trust that this mail finds you well and in high spirits

We have attached our proposed State of Consumer Protection in Kenya
Report outline.

We request your kind views on the 3 identified sectors. Thank you in
advance.

Yours faithfully,

Jacob Oyugi

PROGRAM OFFICER

Consumers Federation of Kenya (Cofek)

Rehema Place, Block F Suite 45

P.O Box 28053-00200, City Square

Tel. +2540202615496, 3861718

Mobile: 0715555550, 0733180008

Email  : [email protected]

Web   : www.cofek.co.ke [1]

COFEK _– Restoring Consumer Confidence and Pride_

SUBSCRIBE _to #CofekBreakingNews  _Send “Cofek On” to 40408

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