The Competition Authority of Kenya (CAK) has cautioned mobile phone retailers against misrepresenting refurbished devices as brand new, stressing that the practice is illegal and violates consumer protection laws.
Mugambi Mutegi, CAK’s Manager for Communications and External Relations, stated that deceptive advertising and unfair business practices contravene Section 31 of the Competition Act as well as Article 46 of the Constitution, which safeguards consumer rights.
“The Authority warns all retailers engaging in such misleading practices to cease immediately or face legal action,” Mutegi said.
The warning follows a complaint from a consumer who purchased an iPhone 13 Pro Max for KSh165,000 from iPhone Street Kenya Limited, commonly known as i-Street, under the impression that it was a new device.
After two months, the phone developed network issues, prompting the buyer to seek either a replacement or a refund. However, the retailer initially refused to offer any solution, only suggesting a reset of the device.
“The only remedy provided was a reset, but the issues persisted shortly afterward. The consumer then requested either a replacement or a refund, but the retailer declined without giving a reason,” Mutegi explained.
Following CAK’s intervention, the matter was investigated, and it was confirmed that the phone sold to the complainant was a refurbished unit despite being marketed as new.
Mutegi reaffirmed the Authority’s commitment to safeguarding consumers from fraudulent traders and urged buyers to exercise caution when purchasing high-value electronics. He encouraged the public to report any suspicious business practices to CAK for action.
