Consumer body to sue over grey handset “switch off”

Consumer Federation of Kenya (Cofek) has raised the alarm over the modalities that CCK will use to switch off fake handsets and has also issued intent to sue over the matter.

Cofek says there are glaring omissions in the process, which is against consumers’ constitutional rights.

The Consumer Federation of Kenya said the industry regulator had failed in its approach and would contest the process based on the procedures taken.

The organization says that the government has failed to protect consumers from counterfeit in the first place and those consumers will suffer.

“Counterfeiting is more serious than we are being made to think… the Government cannot allow porous borders and unscrupulous business people to continue selling counterfeits and then punish the innocent consumers,” Stephen Mutoro, secretary-general Cofek said

The Communication Commission of Kenya, the body mandated to regulate the Information and Communication sector in the country, warns that fake phones makes it harder to track criminals and they also pose health risk to users.

Stephen Mutoro said, “We are not disputing the need for security… we are not opposed to efforts to fight crime but the manner in which the process is being undertaken is punitive to consumers. There has been minimal consultation with consumers.”

Cofek also argues that there is a contract between mobile users and the telecoms company which assures uninterrupted services and it is not hinged on the type of handset the consumer has.

“There are also arguments the International Mobile Equipment Identity (IMEI) number that CCK will rely on to switch off phones is not fool proof and some holders of genuine cell phones might end up suffering,” Cofek said.

The CCK seems relentless in accomplishing this task after months of pushing it, but it will be anyone’s guess how this goes if Cofek make good on their threat.