[kictanet] State of Consumer Protection Report in Kenya - Request for Responses

Wed Apr 4 22:14:37 EAT 2018

Grace

It's a big issue that needs addressing. How can COFEK lean in on this?

*Ali Hussein*

*Principal*

*AHK & Associates*

Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim
<http://ke.linkedin.com/in/alihkassim>

13th Floor , Delta Towers, Oracle Wing,

Chiromo Road, Westlands,

Nairobi, Kenya.

Any information of a personal nature expressed in this email are purely
mine and do not necessarily reflect the official positions of the
organizations that I work with.

On Wed, Apr 4, 2018 at 10:04 PM, Grace Githaiga via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> 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, <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Under both 1 and 2, data protection
>> Under 2, films regulation, data bundles
>>
>> Best!
>>
>> Il mercoledì 4 aprile 2018, Consumers Federation of Kenya (Cofek) via
>> kictanet <kictanet at lists.kictanet.or.ke> 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:
>>> hotline at cofek.co.ke on or before Monday, April 9, 2018
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> *From:* lordmwesh at gmail.com [mailto:lordmwesh at gmail.com] *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 <kictanet at lists.kictanet.or.ke> 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  : hotline at cofek.co.ke
>>>
>>> Web   : www.cofek.co.ke
>>>
>>> COFEK *– Restoring Consumer Confidence and Pride*
>>>
>>> *SUBSCRIBE to #CofekBreakingNews  Send “Cofek On” to 40408*
>>>
>>> *[image: Description: 3rdTraining]*
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>>
>>
>>
>> --
>> Grace Mutung'u
>> Skype: gracebomu
>> @Bomu
>> PGP ID : 0x33A3450F
>>
>>
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>> mailman/options/kictanet/fmwangangi1%40gmail.com
>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>
> Co-Convenor
> Kenya ICT Action Network (KICTANet)
> Twitter:@ggithaiga
> Tel: 254722701495
> Skype: gracegithaiga
> Alternate email: ggithaiga at hotmail.com
> Linkedin: https://www.linkedin.com/in/gracegithaiga
> www.kictanet.or.ke
>
> "Change only happens when ordinary people get involved, get engaged and
> come together to demand it. I am asking you to believe. Not in my ability
> to bring about change – but in yours"---Barrack Obama.
>
>
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> mailman/options/kictanet/info%40alyhussein.com
>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>
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