Kenya

The Competition Authority of Kenya is an independent statutory body with investigative, adjudicative, and advocacy powers. The Competition Tribunal hears appeals.

Section 21 prohibits agreements that have the object or effect of preventing, distorting, or restricting competition, including price-fixing and market allocation.

Vertical agreements that restrict competition are prohibited, including resale price maintenance and exclusive dealing. Buyer power provisions added in 2019.

Section 24 prohibits abuse of dominant position, covering excessive pricing, predatory pricing, refusal to deal, and exclusionary conduct.

Mandatory pre-merger notification for mergers exceeding prescribed thresholds. The CAK applies a substantial lessening of competition test and considers public interest factors.

The CAK has provisions for leniency but the programme remains in early stages. Implementing guidelines have been developed to encourage whistle-blowing.

The CAK may accept undertakings from investigated parties. Consent agreements are used in merger and conduct cases.

Fines of up to 10% of preceding year's gross annual turnover. Imprisonment of up to 5 years for individuals involved in cartel conduct (2019 amendment).

No specific digital markets regulation. The CAK applies the Competition Act to digital platforms and has conducted market studies in digital financial services.

The Communications Authority of Kenya, Energy and Petroleum Regulatory Authority, and Central Bank of Kenya exercise concurrent regulatory powers in their sectors.

The CAK has powers to enter premises, search, seize documents, and compel information with appropriate authorisation.

Private parties may bring actions for damages in the High Court. Private competition litigation is uncommon but the legal framework exists.

Active member of the African Competition Forum, ICN, and COMESA Competition Commission. Bilateral cooperation with South African and other EAC competition authorities.

Active merger control across sectors. Investigation of cartels in sugar, cement, and transport. Buyer power enforcement in retail and agricultural supply chains.