26No. 14
Consumer Protection
notice shall be given through the most effective and appropriate means
to ensure full and timely dissemination of the information about the
risks that such technology, goods or services might cause to the
consumers.
(5) Subsection (4) shall not exempt the supplier or trader from his
liability for the damage actually caused by the technology, goods or
services,
41.-(I) The Council shall take all necessary steps for the full, timely
and faithful compliance with the obligations set forth in section 40.
Remedies for
harmful
technologies and
goods
(2) Where it is verified in an appropriate laboratory that technology
or goods have a material defect or deficiency or constitutes a material
hazard or risk, even under proper use, the supplier or trader thereof
shall, without prejudice to the liabilities that may have arisen,
withdraw the same from the market and substitute or replace the same
at his own expense.
(3) Where a supplier or trader fails to proceed according to subsection (2) he shall, within a reasonable period, return to a consumer
the consideration paid for the technology, goods or services.
(4) A consumer shall show the supplier or trader the technology,
goods or services as well as its package or other means of proving that
the consumer purchased or lawfully availed himself of the same.
(5) The Council shall cause the immediate withdrawal of a technology, goods or services from the market and ban the circulation
thereof where the hazard or toxicity of the technology, goods or
services is proven to reach levels considered harmful or dangerous to
public health or where it is reasonably foreseeable that the technology,
goods or services are capable of causing harm or danger to the public.
.
(6) The trader or supplier of the technology, goods or services
which cause harm or danger shall be liable for the damage caused and
bear the expenses of withdrawing the technology, goods or services
from the market.
Offence and
penalty
42. Any supplier or trader who contravenes any provision under this
Part shall be guilty of an offence and upon conviction, liable to a fine
of K500, 000 and to imprisonment for five (5) years.
PART VII - ADVERTISING
43. Every supplier or trader of technology, goods services shall
provide a consumer with true, adequate, clear and prompt information
on the technology, goods and services offered, so that the consumer
can make a proper and informed choice.
Supplier or trader
to provide true
information