There have been many scandalous media reports over the last one year of sale of substandard goods in the Kenyan market.
A substandard good is a product that is not fit for human consumption due to adulteration, contains hazardous or poisonous materials and endangers health and life. What is perturbing is the increased sale of substandard foods, drugs and chemicals.
Direct consumption of these products is harmful to human health. The media has played a commendable role in carrying out investigative stories that have exposed the vice. Some of the scandals included the sale of mercury-laced sugar and meat that had harmful preservatives. Following these media exposés, a few culprits have been charged in court but after a little while, the matters seem to lose traction. It is not very clear how far the cases have gone.
This is despite Kenya having a fairly good regulatory framework that prohibits and curbs the vice. Kenya is one of the few countries that has a stand-alone anti-counterfeit agency and law.
The law may be sound but it has to be backed by strong institutions and implementation for it to be successful.
The problem that we face could simply be an issue of weak institutional enforcement. We have State corporations mandated with the task of ensuring that such harmful foods and products are not sold. The media has played its part. It is now time for the other stakeholders to wake up from their slumber.
Last week, I promised to highlight how the consumers can minimise the vice as the biggest stakeholder. The greed of putting commercial interests ahead of public interest should be stopped, if not punished.
For one, every Kenyan is guaranteed consumer and health rights under the Constitution.
The rise in the sale of substandard foodstuff in the market is a clear infringement of the rights that every individual has. It is even worse where one suffers damage, for example, a health-related issue due to the consumption of harmful foods.
One way the consumers can act is by initiating public interest litigation against such vendors.
Public interest litigation is provided for under Article 22 of the Constitution where a person or an organisation can file a suit to enforce the bill of rights either as an individual or in public interest.
Constitutional rights supersede the commercial rights of unscrupulous vendors. Kenya has a fairly strong law to protect consumers — the Food, Drugs and Chemicals Act (Cap 254).
The Act provides for the Public Health Board, which plays a similar role as the Food And Drugs Administration (FDA) in the US.
The FDA is a strong institution that has far-reaching powers that include approving or banning some food products. We need to strengthen our institutions for them to fulfil their mandates.
Unscrupulous vendors should face criminal charges and strict sentences to serve as a deterrent and warning.
I also call for civil litigation action under other laws to recompense victims.
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