A Kenyan consumer, Catherine Oganga won a battle against iPhone Street Kenya Limited (“i-street”) after discovering that the iPhone 13 Pro Max she purchased for KES 165,000 was a refurbished model, despite being marketed as new.
According to the Competition Authority, the customer began experiencing network issues and phone malfunctions less than two months after purchase.
When she reported the issue to i-street, the retailer only offered to reset the device. However, the problems persisted, leading the customer to request either a replacement or a refund—both of which were denied without explanation.
Following an investigation under section 70(A) and section 31 of the Act, the Authority issued a Notice of Investigation to i-street for potential violations, including false or misleading representations and unconscionable conduct. These actions were assessed against the requirements of the relevant sections of the Act and the Constitution.
The investigation confirmed that the phone sold to the complainant was not new but a refurbished unit. As a result, the Authority directed i-street to issue a full refund and issued a warning against engaging in similar deceptive practices in the future.
