This article first appeared in the July Issue 2013 of Commerce and Industry Magazine Vol 2. No. 007
As the scrutiny of MDGs continues,
it is indeed the onus of individual countries to carry out self appraisals to
celebrate wins and develop renewed goals for the gaps. In the service landscape
therefore, with specific reference to customer service as the driver of
business, and as the oil that fuels the wick of sustainable business revenue,
there is need to take cognizance of gains made in this direction.
Let us specifically take into
consideration MDG Goal 8, whose first target 8A is to develop further an open,
rule-based, predictable, non-discriminatory trading and financial system that
includes a commitment to good governance,
development, and poverty reduction –
both nationally and internationally. This target at a national level has only
recently received a significant boost with the coming into force on 14th
March 2013 of the Consumer Protection Act 2012. This is a huge milestone for
customers and a very good reason for us to bring out the champagne and toast to
the recognition and entrenchment of the rights of customers into law.
As is often the case in this
country, customers feel helpless in the event of service failure and suppliers
are often quick to dismiss customer complaints. What then does this new dawn
mean for this country? For you as a customer? How does the passing of this law
protecting consumers and preventing unfair trade practices in consumer
transactions affect you in real terms?
Let’s take the example of my
colleague Sam, who has had a sufficient amount of drama with an airline that
lost his luggage. Sam travelled to China on a business trip to source for
supplies for his art business and on arrival back in Nairobi discovered that
his luggage was never checked in on the flight. It has since been an exercise
in frustration to trace this luggage, with the concerned airline oscillating
between being non responsive and shuttling him back and forth to explain his
story for the umpteenth time to different officials some in the Head office in the
Middle East and others locally. When in frustration he threatened to go legal, he
was called to collect a bag they claimed had been found in Guangzhou. The bag
in question turned out to be alien and in an appalling and damaged condition. Some
contents indeed were part of his business consignment, but a better part wasn't
and he naturally refused to accept this luggage. The airline then wrote to advise
that his bag was received in Nairobi on 24th August 2012 and that as
he’d identified some contents positively, compensation would be calculated
based on the difference between the weight of the bag when checked in and the
weight of the bag when received at USD 20 per kilogram, amounting therefore to
USD 20. Needless to say that this dispute has been ongoing for over 10 months and
has turned into a financial nightmare with deplorable handling of his situation.
How does this new dawn for
consumer protection in Kenya now provide an avenue for recourse in a case such
as this and other cases pitting customers against well established corporates in
event of service failure? With Sam’s incident in mind, the act is very precise
with a section highlighting the specific industry as follows; Airlines - the Cabinet Secretary responsible
for matters relating to trade and industry is to make regulations to provide
for passenger rights and the standards of service by air carriers. These
regulations are to include provisions on access to necessary services while on
a grounded air carrier, customer complaints, notification of delays,
cancellations, overbooking, baggage concerns, compensation for passengers and the right to deplane where such rights
are infringed.
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