Conditions,warranties and Exemption Clauses : Need for Reform of the Kenyan Sale of Goods Act

Abstract

There is a lot of literature written by distinguished writers on the propriety of conditions warranties and exemption clauses. Much of this literature centres on the application of the consumer protection provisions of the English sale of good Act 1893 in England. Not much has been written on the application of these provisions in foreign lands. This brief work attempts to fill this gap. Conditions, warranties and exemption clauses have been found to be oppressive to the buyer in England, and so the Act of 1893 has known useful amendments. But the Kenyans Sale of good Act 1930 has not been amended. Besides, it'is the thesis of this work that we in Kenya did not need to import foreign commercial principles because we had our own. And now that these principles were culled into our legal system from England, there ---" is no reason why we should not amend them to keep in step with the English • legal system, as well as modifying them to suit our own commercial environment in Kenya. The work may not be exhaustive, it may also invite criticisms from many quarters, and these are welcome.