28No. 14 Consumer Protection (2) Where no duration is fixed, nor the nature or volume of the technology, goods or services determined, the sale, promotion or offer shall be understood to extend for a maximum duration of thirty (30) days from time of the last announcement. (3) Where the advertiser of technology, goods or services in promotion, sale or special offer fails to comply with the advertisement, a consumer may (a) take necessary steps to compel the supplier or trader to comply with the obligation according to the general law of contract; (b) accept another technology or goods or the rendering of an equivalent service; or © cancel the contract if there has been an advance payment by the consumer. 47.-(1) Where abusive advertising results in loss to a consumer, the consumer shall be entitled to claim compensation from the offer or, or advertiser and the compensation shall in no event be less than the balance between the price of the technology, goods or services under promotion or sale and its regular or ordinary price or cost of replacement or repair. Consumer to be compensated (2) Where the statements made in the advertisement are considered false or misleading to consumers, the Council shall order an amendment of –the content and such amendment shall be announced at the expense of the advertiser through the same media used to disseminate the false or misleading message. (3) The advertiser shall bear the burden of proving the truth of the statements contained in the advertising material. 48. Any person who contravenes any provision under this Part shall be guilty of .an offence and upon conviction, liable to a fine of K500, 000 and to imprisonment for five years. Offence and penalty PART VIII-MEASURES FOR CONSUMER REDRESS AND MECHANISMS 49.- (1) The defence, promotion or enforcement of rights under this Act or any other written law shall be exercised or conducted through individual or collective mediation, negotiation, arbitration or litigation. (2) Collective mediation, negotiation, arbitration or litigation may be conducted where collective or diffuse interests or rights are involved. (3) Under “collective or diffuse interest” means supra-individual rights or interests having an indivisible nature to which undetermined individuals are entitled. Representative consumer or class actions

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