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The Competition Authority of Kenya (CAK) has issued a warning to phone retailers who are advertising ‘refurbished’ phones as new, stressing that this practice is illegal.
Mugambi Mutegi, CAK’s Manager of Communications and External Relations, stated that such deceptive marketing and unfair business practices violate consumer protection laws.
Referencing violations under Section 31 of the Competition Act and Article 46 of the Constitution, which safeguards consumer rights, CAK cautioned retailers to stop this misleading practice immediately or face legal consequences.
The warning follows a complaint from a consumer who purchased an iPhone 13 Pro Max for KSh 165,000 from iPhone Street Kenya Limited (“i-Street”), believing it was a brand new device.
“The Authority received a complaint from a customer about an iPhone 13 Pro Max she bought for KES 165,000. Our investigation found that the phone was refurbished but was sold as new,” said Mutegi.
After just two months, the phone started having network issues, prompting the buyer to request a replacement or refund.
However, the retailer initially refused, leading the consumer to seek assistance from CAK.
“The only solution i-Street offered was to reset the phone. But even after the reset, the problems returned. The customer requested either a replacement or refund, but the request was denied without any explanation,” Mutegi added.
Mutegi reaffirmed CAK’s dedication to protecting consumers from dishonest traders who take advantage of trust and misrepresent their products.
