The Competition Authority of Kenya (CAK) is a statutory body established under the Competition Act to promote and safeguard fair competition while protecting consumer welfare in Kenya. It operates independently, ensuring that markets function efficiently and preventing unfair trade practices.
Legal Status and Powers
As a body corporate with perpetual succession, the Competition Authority of Kenya has the legal capacity to:
- Sue and be sued in its corporate name.
- Acquire, hold, charge, and dispose of movable and immovable property.
- Borrow funds for its operations.
- Undertake lawful actions necessary for fulfilling its mandate under the Competition Act.
Composition of the Competition Authority of Kenya
The membership of the Competition Authority of Kenya consists of:
- Chairperson – Appointed by the President.
- Permanent Secretary from the Ministry of Finance (or a representative).
- Permanent Secretary from the Ministry of Trade (or a representative).
- The Attorney-General (or a representative).
- Director-General – The chief executive officer of the Authority.
- Five additional members appointed by the Minister of Finance, including at least one expert in consumer welfare matters.
- Parliamentary approval is required before the appointment of members.
Functions of the Competition Authority of Kenya
The CAK’s primary role is to enforce the Competition Act by ensuring a competitive marketplace and preventing unfair business practices. Its key functions include:
Regulation and Enforcement
- Enforcing compliance with the Competition Act.
- Receiving and investigating complaints from individuals, businesses, and consumer bodies.
- Investigating barriers to market entry and exit that hinder competition.
- Assessing policies, procedures, and programs of regulatory authorities for their impact on competition and consumer welfare.
Consumer Protection and Advocacy
- Promoting public awareness on competition laws and consumer rights.
- Encouraging the creation of consumer bodies and establishing standards for their operations.
- Recognizing registered consumer bodies as representatives of consumers in competition matters.
- Providing consumers with guidelines and information on their rights and available remedies.
Research and Market Studies
- Conducting research and studies on competition and consumer protection issues.
- Analyzing government policies and legislation to assess their effects on market competition.
- Publicizing findings from market investigations and economic studies.
Policy Advisory and Collaboration
- Advising the government on policies related to competition and consumer welfare.
- Engaging in government and regulatory deliberations on market regulation.
- Making representations to government bodies and commissions on competition-related matters.
- Liaising with regulatory agencies on competition and consumer protection issues.
Power to Conduct Inquiries
The CAK has the authority to conduct inquiries and sectoral studies in cases where:
- It determines such an inquiry is necessary to fulfill its mandate.
- The Minister of Finance directs it to conduct an inquiry.
Upon completion of an inquiry, the CAK submits a report identifying sectors with high economic power concentration and recommends corrective measures.
Public Participation in Inquiries
Before conducting an inquiry, the CAK must notify the public by:
- Publishing an announcement in the Kenya Gazette and a national daily newspaper.
- Sending official notices to affected businesses, industry groups, and consumer organizations.
Obligation to Provide Information
All business entities, trade associations, and relevant bodies are legally required to provide requested data for CAK inquiries.
For further details on the Competition Authority of Kenya, refer to the Competition Act or visit their official website.
