Consumer Rights

Unsafe or Counterfeit Product — Seller Denies Liability

Q: You cannot prove the product was substandard when you bought it — you may have damaged or altered it.

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Q: You bought this in a market stall — you should have known it might not be genuine.

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A product causes harm or is discovered to be counterfeit, and the seller refuses responsibility

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The Situation

What They Said

“We did not manufacture it — we just sell it. If it is fake or dangerous, you need to go back to whoever made it.”

You purchased a product — medication, electrical goods, cosmetics, food, or another item — that turned out to be counterfeit, substandard, or unsafe, and caused harm or risked causing harm. The seller denies liability by pointing to the manufacturer or distributor. Counterfeit and substandard goods are a serious problem in Kenya — including fake medicines, unsafe electrical goods, and adulterated food. The law does not allow the chain of sale to absorb liability in a way that leaves the consumer without a remedy.

The Fallacy

Retailer Is Only a Conduit — No Liability

The seller treats themselves as a neutral pass-through with no responsibility for what they sell. The Consumer Protection Act establishes product liability along the entire supply chain. Any person who supplied the goods — including a retailer — is liable to the consumer for harm caused by unsafe goods. The retailer cannot avoid liability simply because they did not manufacture the product. Their decision to stock and sell substandard or counterfeit goods makes them part of the chain of liability.

What the Law Says

Your Legal Foundation

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

Section 32 and 33 — Product Safety and Liability Along the Supply Chain

“Every supplier, including any person who markets goods, is liable for harm caused by goods that fail to meet the general safety requirement. The general safety requirement is that goods shall be reasonably safe having regard to the purposes for which they are marketed and the persons likely to use them.”

'Supplier' includes a retailer — anyone who sold or supplied the goods to you. You can claim from the retailer directly, even if the retailer bought from a manufacturer or distributor. The retailer can then seek indemnity from further up the chain — that is their legal problem, not yours.

Standards Act (Cap. 496) / Kenya Bureau of Standards Act

Section 9 and 10 — KEBS Standards — Counterfeit and Substandard Goods

“All goods marketed in Kenya must meet applicable Kenya Standards. It is an offence to import, manufacture, sell or supply goods that do not conform to applicable standards. KEBS has power to test, seize, and order destruction of substandard or counterfeit goods.”

If you suspect goods are counterfeit or substandard, you can report them to KEBS — which has inspectors and enforcement powers. KEBS can test the product, seize stock from the supplier, and initiate criminal proceedings. A KEBS report of substandard goods is powerful evidence in a compensation claim.

What Scripture Says

God's Word on This

Ezekiel 34:4 (ESV)

“The weak you have not strengthened, the sick you have not healed, the injured you have not bound up.”

God's condemnation in this passage is for those who profit from their position while doing nothing to protect the vulnerable in their care. A seller who stocks goods knowing — or recklessly not knowing — that they may be unsafe or counterfeit, and who profits from selling them to trusting customers, is in the same posture. The law's product liability chain reflects the moral truth that everyone who profits from a transaction bears responsibility for the harm that transaction can cause.

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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 cannot prove the product was substandard when you bought it — you may have damaged or altered it.”

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They might say: “You bought this in a market stall — you should have known it might not be genuine.”

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