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

Thu Apr 5 08:48:28 EAT 2018

Dear Colleagues,

I support what Grace and others have raised on this list. I was wondering
whether we should incorporate utility companies like Kenya Power into this
conversation. Last year when Kenya Power retired its old billing system and
activated a newer system that purportedly could accommodate the large
number of customers brought onto the grid due to the rural electrification
program, hundreds of customers bore the brunt of a system glitch that lead
to ridiculous bills. Most citizens have been forced to pay up, accept and
move on. Be that as it may , power is critical in a knowledge economy and
the current gymnastics by Kenya Power will have a negative effect on the
ICT Sector considering the fact that renewal energy is not that cheap. Can
COFEK look into this matter. I appreciate the fact that there is a case in
court but we need a balanced view on this issue that can result in proper
policy action.

Regards

On Wed, Apr 4, 2018 at 10:14 PM, Ali Hussein via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> 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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>>> 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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>> ailman/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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>
> 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.
>
>

-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A
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