NAIROBI, Kenya Mar 5 – The Competition Authority of Kenya (CAK) has warned phone retailers marketing ‘refurbished’ mobile handsets as new ones, emphasising that the practice is illegal.
Mugambi Mutegi, Manager of Communications and External Relations at CAK, said that false representations and unfair business practices violate consumer protection laws.
Citing violations under Section 31 of the Competition Act and Article 46 of the Constitution, which highlights consumer rights, the competition watchdog warned retailers to abandon such deceptive practices immediately or face legal action.
This comes after the Authority received a complaint from a consumer who had purchased an iPhone 13 Pro Max for Sh165,000 from iPhone Street Kenya Limited (“i-Street”), believing it was brand new.
“The Authority received a complaint CAK Cracks Down on Retailers Selling Refurbished Phones as New against iPhone Street Kenya Limited (“i-street”) regarding an iPhone 13 Pro Max she had bought at KES 165,000.00. The Authority’s investigation established that the phone sold to the complainant was a refurbished model, but it was marketed as new,” revealed Mutegi.
Within two months, the phone began experiencing network malfunctions, prompting the buyer to seek a replacement or a refund.
However, the retailer initially declined the request, leading the consumer to seek CAK’s intervention.
“The only remedy offered by i-street was resetting the phone. A few days after the reset, the issues recurred. The complainant stated that she requested a replacement of the phone or a refund, but the request was declined with no reason,” he added.
Mutegi reaffirmed the Authority’s commitment to protecting consumers from unscrupulous traders who exploit trust and misrepresent products.
He urged consumers to remain vigilant when purchasing high-value electronics and report any suspicious activity to the Authority.
