Consumer Rights

Charged More Than the Advertised Price

Q: You already paid — there is nothing we can do after the fact.

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Q: The advertised price was for a promotional period that has ended.

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A business charges more at the point of sale than the displayed or advertised price

Premium foundational 6 minutes

The Situation

What They Said

“The price on the shelf was wrong — it's a mistake. The actual price is higher.”

You selected a product based on a price displayed on the shelf, a menu, a website, or an advertisement. At the point of payment, the price is higher — and the seller claims it was an error, the system is different, or that they are not bound by the displayed price. This practice is widespread in Kenyan retail, hospitality, and online commerce. Many consumers pay the higher price because they feel powerless once they are at the till or have already used the service.

The Fallacy

Advertised Price Is Just an Invitation — Not a Binding Offer

The business treats displayed prices as approximations or suggestions that they can correct at checkout. Consumer protection law treats displaying a price as a commitment. Charging more than the displayed, advertised, or quoted price — regardless of the reason — constitutes a misleading representation under the Consumer Protection Act. The seller is not permitted to profit from their own pricing error at the consumer's expense.

What the Law Says

Your Legal Foundation

Consumer Protection Act, 2012 (No. 46 of 2012)

Section 12(1)(a) and (b) — False and Misleading Representations

“A supplier or service provider shall not, in marketing of goods or services, represent a particular price that is misleading, including a price that does not reflect the actual price to be charged; or make a false, misleading or deceptive representation with respect to the actual price, or any other price, of the goods.”

Displaying one price and charging another is a misleading representation regardless of whether the discrepancy was intentional. The seller must honour the lower displayed price or give you the option to not proceed with the purchase.

Consumer Protection Act, 2012 (No. 46 of 2012)

Section 39 — Right to Fair and Honest Dealing

“Every consumer has a right to fair and honest dealing with suppliers of goods and services. A supplier who engages in conduct that is misleading, unconscionable, or unfair in connection with a consumer transaction commits an offence.”

If you have already paid the higher price after being told the lower price was a mistake, you are entitled to a refund of the difference. You were not fairly dealt with, and you can recover the overcharge — either directly or through a formal complaint.

What Scripture Says

God's Word on This

Leviticus 19:35-36 (ESV)

“You shall do no wrong in judgment, in measures of length or weight or quantity. You shall have just balances, just weights, a just ephah, and a just hin.”

Accurate measures — knowing exactly what you are paying and for what — is a requirement God embedded in the fabric of honest commerce. Displaying one price and charging another is a measure that is not just. The law reflects what Scripture has always said: the price shown must be the price paid.

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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “You already paid — there is nothing we can do after the fact.”

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They might say: “The advertised price was for a promotional period that has ended.”

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