Interrogating the English requirement in hire purchase agreements; an analysis of Section 5(2)

Abstract

Hire Purchase has been used by a majority of Kenyans when it comes to accessing certain products and services that are usually not accessible as they are very expensive. In order for a hire purchase agreement to be valid, it must fulfill certain requirements one of them being it must be in English. Even though English is one of Kenya’s official languages, it may be difficult for many to understand due to the fact that they are not fluent in the language. This becomes a problem as they do not understand the terms of the agreement that they are entering into. This study therefore uses the consumer protection theory which argues that consumers should be shielded from any problems or issues when entering into an agreement. The study therefore aims at looking at how the English requirement of hire purchase agreements go against consumer protection principles and how Kenya can remedy this to make the business environment more inclusive and fairer for all parties. Therefore, the study will look at how this requirement has had an impact on consumers who engage in Hire Purchase.

Keywords- Consumer Protection, Hire Purchase