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April 12, 20260 citationsOpen Access

Nudging for Market Integrity: A Behavioural Economics Framework for Consumer Protection in Kenya (2021–2026)

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AOAmina OchiengWMWanjiku MwangiKGKamau Githinji

Key Points

  • The central aim is to assess how behavioural insights can improve consumer protection strategies in Kenya, addressing market integrity.
  • Conducted a structured policy review of existing consumer protection legislation and practices.
  • Evaluated specific 'nudge' mechanisms applicable within the current legal framework.
  • Performed a diagnostic assessment of consumer decision-making vulnerabilities.
  • Identified weaknesses in information disclosure and suggested simplifications to choice architecture.
  • Found that simplifying choice architecture could reduce consumer inertia and susceptibility to exploitation.
  • Recommended implementing standardised key fact statements for financial products.
  • Suggested revising cooling-off periods to adopt opt-out defaults for consumers.

Abstract

Consumer protection in emerging markets often relies on traditional regulatory tools, which may be insufficient to address subtle behavioural biases exploited in unfair commercial practices. This analysis examines the potential for integrating behavioural insights into the national consumer protection framework. This policy analysis article aims to develop and critically assess a behavioural economics framework for enhancing market integrity and consumer welfare. It evaluates the applicability of specific 'nudge' mechanisms within the existing legal and institutional context. The analysis employs a structured policy review, synthesising principles from behavioural science with a critical examination of current consumer protection legislation, enforcement mechanisms, and market practices. A diagnostic assessment identifies key behavioural vulnerabilities in consumer decision-making. The diagnostic identifies that over-reliance on information disclosure is a key weakness, as consumers frequently exhibit present bias and inertia, rendering standard disclosures ineffective. A principal finding is that simplifying choice architecture and implementing strategic default rules in service contracts could significantly reduce exploitative inertia. A behavioural economics approach offers a complementary and potent toolkit for strengthening market integrity. Its successful implementation requires careful design to avoid paternalism and must be embedded within robust traditional enforcement structures. Policymakers should establish a dedicated behavioural insights unit within the national consumer protection authority. Priority interventions should include mandating standardised, simplified key fact statements for financial products and revising cooling-off period regulations to use opt-out defaults. behavioural economics, consumer protection, nudge, market integrity, policy design, regulatory strategy This article provides a novel, structured framework for translating behavioural science into actionable consumer protection policy, specifically tailored to the behavioural market failures prevalent in an emerging economy context.

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Cite This Study

Ochieng et al. (2025) studied this question.

synapsesocial.com/papers/69db37254fe01fead37c5154https://doi.org/10.5281/zenodo.19495278
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