Efforts by Gem MP Mr. Jakoyo Midiwo to initiate a consumer protection bill are laudable and timely. It is time that ordinary Kenyan consumers were protected from the abuses of market power.

For years ordinary people have been exposed to fraud, and unsafe products on the market without a means for recourse. The Kenya Bureau of Standards has either been overwhelmed or does not simply have the means to execute its mandate. 

As global economy continues to sway and influence local markets and peoples consumption behaviors, it is critical that as a country we do not lose sight of the fundamental entitlements that need to be protected.

Today, our people are paying too much for too little. This is happening in spite of efforts by government ministries such as that of Finance to guide market behavior of players in various sectors of the economy. Take for instance Minister Kimunya’s punch less plea for price reduction to oil industry players late last year. As expected, it went largely unheeded, yet there was genuine justification for this as global prices or crude oil were on the down turn at the time.

How about current trends by commercial banks in Kenya to deceptively advertise loans? No one is explaining to ignorant potential customers the specific requirements and obligations around these loans. Yet the rules of fair play would demand that sufficient information be made available to the consuming public so that people are better placed to make informed choices.

Advertisements for various loan schemes on offer by different banks are candy coated to appeal to potential customers without explaining conditions particularly on repayments. In America, they are referred to as junk loans! 

The crisis in the mortgage market also lives a lot to be desired. Many Kenyans who have acquired homes through mortgage have bitter stories to tell. Mortgage companies deliberately withhold critical information vital for decision making. Most times the language used on contractual documents is not clear for potential customers. As a result many Kenyans continue to loose their hard earned incomes as they struggle to service backbreaking mortgage schemes.

Counterfeit goods have come to be accepted as the standard on the Kenyan market. This is largely due to the many years of fraud which the public has endured. With no salvation coming, people gradually come to accept false standards embodied in counterfeit goods. 

There is presently a huge public outcry in the United States about unsafe toys brought in from China. These toys are said to be coated with excessive levels of lead. In huge amounts, lead is said to pose serious health dangers. The American public is enraged that children have been exposed to so much danger through these toys. The amount of public debate around the issue recently forced the Chinese mission in Washington to make a public apology.

This case ideally mirrors the helplessness and lack of control that nations face over the dynamics that control the global economy. Americans have found themselves in the uncharacteristic position of not being in control.

However, despite the fact that they may lack the ability to control production standards in Chinese factories they for sure have control over what they can do in view of the public knowledge that their children are clearly at risk. Kenya can and should in similar vein stand up against sub standards goods as well as unscrupulous market behavior by players in the country’s commercial sector.

But legislation alone will not move this animal. Civil society action on various consumer rights issues in our country is important. In the USA for instance groups such as the Consumers Union, Consumer Federation of America and The Centre for Information Policy Leadership make regular testimonies to Senate as a strategy for influencing the direction government policy takes in regard to protecting consumer interests.

A strong coalition of civil society action is ideal in giving due leverage to MP Jakoyo Midiwo’s push for the proposed National Consumer Protection Authority. Resources will also need to be invested in educating and re-educating the public on their rights as consumers.

The commercial sector also ought to be targeted by such a campaign. Most of the commercial establishments which defraud consumers are completely unaware of the obligations they have in ensuring consumers rights. Roping them in is a sure way for finding ground to negotiate certain useful positions that might carry advantage for the consumer by the end of the day.  

A consumer protection authority aided by civil society action can in many ways bring attention to most of the injustices which are currently perpetrated against ordinary consumers. The unhealthy mergers we have seen in recent times are only beneficial to commercial enterprises. They do not bring any single advantage to consumers. If anything they narrow the range of choice available to people, kill diversity and creativity in society. 

Like all useful legislation sensitive to the needs of ordinary people, this one may not be very safe from the power of big money. One however hopes that reason will prevail and that all will embrace the benefit that such a piece of legislation can bequeath our society.

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