[kictanet] [Security Forum] #KeIGF15 Online Discussions Day Three: Internet Economy

[Mwendwa Kivuva]

>
> I would say that we don't have a strong enough legal framework the
governs some of these new frontiers. However, there must be a healthy
tension between the need to protect consumers from unscrupulous business
people while encouraging innovative uses of technology.

Thanks Josiah. You have captured the point right from my thoughts. We need
to find a balance between regulation and over regulation.  Innovations like
Mpesa thrived because the environment was ripe and there were no stifling
policies (barriers to entry)

Consumer protection: Article 46 of our Constitution on Consumer Protection
mandate Parliament to "...enact legislation to provide for consumer
protection and for fair, honest and decent advertising." The firth schedule
envisioned this enactment to happen four years after the promulgation,
which I believe is expired. But that not withstanding, any court of
competed jurisdiction should be able to rule and set precedence on consumer
protection issues. Therefore there is NO vacuum at all.


Bill of Rights: Consumer rights.

46. (1) Consumers have the right—

(a) to goods and services of reasonable quality;

(b) to the information necessary for them to gain full benefit from goods
and services;

(c) to the protection of their health, safety, and economic interests; and

(d) to compensation for loss or injury arising from defects in goods or
services.
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