I, SK, an Advocate of the High Court of Kenya duly enrolled and admitted to practice law in the Republic of Kenya, write to you in my personal capacity as an aggrieved consumer and as a matter of legal right under the laws of Kenya. This letter constitutes a formal legal notice and a final demand prior to the institution of legal proceedings in a court of competent jurisdiction.
1. FACTUAL BACKGROUND AND MATERIAL PARTICULARS
1.1 On 20th March 2026 at approximately 6:00 PM, I visited your Embu Town Branch with the intention of purchasing a Haier 346L Bottom Mount Fridge/Inverter No Frost, Model No. HRB-3664 (hereinafter referred to as “the Product”).
1.2 The Product was prominently displayed with a price tag clearly indicating a promotional offer price of Kenya Shillings One Hundred and Thirteen Thousand (Kshs. 113,000/=), reduced from the regular retail price of Kenya Shillings One Hundred and Thirty-Six Thousand (Kshs. 136,000/=). The offer was expressly indicated to be valid up to and including 31st March 2026.
1.3 Your authorised salesperson on duty, acting within the scope of their ostensible and actual authority as your agent, expressly represented to me that your establishment accepts reservation deposits for consumer goods, and that upon payment of a deposit, the promotional offer price would be secured and honoured upon clearance of the outstanding balance before the offer expiry date.
1.4 Your cashier, also acting within the scope of their authority, independently confirmed and reiterated these representations, thereby constituting a clear and unambiguous offer capable of acceptance within the meaning and intent of the law of contract.
1.5 In full and reasonable reliance upon the aforesaid representations, and at exactly 6:07 PM on 20th March 2026, I paid a deposit of Kenya Shillings Forty Thousand (Kshs. 40,000/=) via Naivas Till, thereby constituting a valid and binding contract between myself and Naivas Limited, complete with all essential elements: offer, acceptance, consideration, and legality of purpose.
2. PARTICULARS OF BREACH, FRAUDULENT MISREPRESENTATION AND UNCONSCIONABLE CONDUCT
2.1 On 25th March 2026, I returned to your Embu Town Branch with the express intention of tendering the outstanding balance of Kenya Shillings Seventy-Three Thousand (Kshs. 73,000/=) and taking delivery of the Product. To my profound shock and utter disbelief, I was informed that the price of the Product had been unilaterally and arbitrarily increased from Kshs. 113,000/= to Kshs. 136,000/=, purportedly following a so-called “system upgrade,” thereby demanding a revised outstanding balance of Kshs. 96,000/= — an unlawful increase of Kshs. 23,000/= above the contracted price.
2.2 When I lawfully objected to this unlawful and unconscionable variation of the contract terms, I was treated with contempt, rudeness, and deliberate indignity by your staff. I was given an ultimatum to either accept the inflated price or accept a gift voucher equivalent to my deposit of Kshs. 40,000/= — a wholly inadequate and legally untenable remedy. I endured all these humiliations on behalf of your customers, many of whom know me personally.
2.3 Most egregiously, your staff — acting on the instructions and on behalf of Naivas Limited — expressly and without any legal or contractual basis declared that my deposit of Kshs. 40,000/= was non-refundable.On 25th March 2026, I took the initiative to make further calls to your head office’s customer care line but I was met with a scripted response affirming the decision of the Embu branch staff’s position of refusing to return my deposit This declaration is not only contrary to law but constitutes a tortious act of conversion and unjust enrichment by your company.
2.4 The conduct of your establishment amounts to:
(a) Fraudulent Misrepresentation — your agents knowingly made false representations as to the price and terms of sale with the intent to induce me to part with my money;
(b) Breach of Contract — your unilateral variation of the agreed price constitutes a fundamental breach of the binding contract entered into on 20th March 2026;
(c) Unconscionable and Unfair Trade Practice — your refusal to refund the deposit and coercive imposition of a gift voucher constitutes an unconscionable dealing contrary to law;
(d) Unjust Enrichment — your retention of Kshs. 40,000/= without rendering the contracted goods or services constitutes unlawful enrichment at my expense;
(e) Violation of Consumer Rights — the totality of your conduct violates my fundamental rights as a consumer guaranteed under the Constitution and laws of Kenya.
3. LEGAL BASIS FOR THIS CLAIM
Your conduct as described herein is in direct contravention of the following provisions of Kenyan law:
(a) The Consumer Protection Act, No. 46 of 2012 — particularly Sections 12, 13, 15,16, 17, 18 and 56 thereof, which prohibit unconscionable, deceptive, misleading, unfair and fraudulent consumer trade practices and guarantee the consumer’s right to a full refund where goods are not delivered as contracted;
b) Sections 55, 56, and 57 of the Competition Act, No. 12 of 2010 of Kenya constitute part of the consumer protection provisions designed to safeguard consumers from unfair market conduct. These sections, under Part VI (Consumer Welfare), focus on false representations and unconscionable conduct
(d) The Law of Contract Act, Cap. 23 of the Laws of Kenya — the general principles of offer and acceptance, consideration, breach, and the entitlement to damages for fraudulent misrepresentation;
(e) Article 46 of the Constitution of Kenya, 2010 — which expressly guarantees every consumer the right to goods and services of reasonable quality, accurate information, protection of economic interests, and compensation for loss or injury;
(f) The Tort of Fraudulent Misrepresentation (Deceit) as recognised under the common law of Kenya;
(g) The Principle Against Unjust Enrichment as recognised under the laws of Kenya.
4. RELIEFS AND DAMAGES SOUGHT
Pursuant to the foregoing, I hereby make the following formal demands against Naivas Limited:
(a) Specific performance of the original contract — delivery of the Haier 346L Fridge, Model HRB-3664, at the agreed offer price of Kshs. 113,000/=, or in the alternative, full damages for loss of bargain;
(b) General damages for humiliation, demeaning treatment, reputational damage, emotional distress, mental anguish and psychological torture occasioned by the fraudulent and unconscionable conduct of your staff — in a sum running into millions of kenya shillings in consideration of my status.
(c) Exemplary and punitive damages arising from the deliberate, premeditated and fraudulent nature of your conduct, intended to serve as a deterrent against such cartel-like and monopolistic predatory practices;
(d) A formal, unconditional written apology from the Chief Executive Officer of Naivas Limited;
(e) Full costs of these proceedings and all legal costs incurred as a consequence of your unlawful conduct.
