Competition Authority of KENYA

𝗘𝗳𝗳𝗲𝗰𝘁𝗶𝘃𝗲 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻 𝘀𝘁𝗮𝗿𝘁𝘀 𝘄𝗶𝘁𝗵 𝗹𝗶𝘀𝘁𝗲𝗻𝗶𝗻𝗴 𝘁𝗼 𝘀𝘁𝗮𝗸𝗲𝗵𝗼𝗹𝗱𝗲𝗿𝘀; 𝘁𝗵𝗲𝗶𝗿 𝗳𝗲𝗲𝗱𝗯𝗮𝗰𝗸 𝗶𝗻𝗳𝗼𝗿𝗺𝘀 𝗼𝘂𝗿 𝗽𝗼𝗹𝗶𝗰𝘆 𝗱𝗶𝗿𝗲𝗰𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗶𝗻𝘁𝗲𝗿𝘃𝗲𝗻𝘁𝗶𝗼𝗻𝘀.

In this spirit, the Authority on 14th May 2026 hosted Mr. Tobias Alando, CEO of the Kenya Association of Manufacturers (KAM), for a courtesy call on Director-General, Kemei David, at our head office in Nairobi to discuss issues affecting Kenya's manufacturing sector.

The engagement, which involved teams from both institutions, centered on concerns relating to abuse of buyer power by large retailers, specifically delayed payments, unilateral variation of commercial terms, and non-acceptance of goods ordered and delivered including arbitrary price hikes in some sectors.

Beyond enforcement, the meeting discussed collaboration opportunities including capacity building programs for KAM members on competition and consumer protection law, and strengthening the information flow mechanisms between the two institutions. The two institutions agreed to formalize their engagement through a Memorandum of Understanding.

The meeting ended with a discussion on how KAM members can be better facilitated to respond meaningfully to requests for information from the Authority during market inquiries, market studies, and investigations.

We reaffirmed our commitment to ensuring that compliance with the Competition Act is not burdensome.

Stakeholders facing challenges on abuse of buyer power are invited to lodge their complaints to the Authority for review. Submit your matters via E-mail [email protected] or our E-Filing Portal (https://competition.cak.go.ke:444/)

The Authority was represented at the 3rd Annual Regulatory Authorities and Agencies Conference 2026, held from 6th to 8th May, 2026 at South Eastern Kenya University (SEKU), Kwa Vonza, Kitui County.

Organized under the theme "Consistent Measurement and Evaluation of Real Regulatory Impact on the Ground," the conference brought together Chairpersons, CEOs, Principal Secretaries, and senior officials from Kenya's regulatory landscape for dialogue on accountability, performance measurement, and evidence-based regulatory action.

A central message through the sessions was the call for regulators to self-assess rigorously by going beyond the standard evaluation frameworks, to building institutions that are genuinely accountable to the Public.

Some other key takeaways:

💡 Regulators should develop their own performance measurement tools to track real impact at the ground level.

💡 Institutions shared experiences on embedding monitoring, evaluation, and learning (MEAL) into their workplans, ensuring that regulatory milestones are tracked and reported consistently.

💡 Sessions examined whether the regulatory framework gives Board Chairpersons sufficient authority to fulfil their mandates, and best practices for driving board effectiveness and regulatory output.

💡 Regulators discussed practical strategies for reducing resistance to regulatory interventions, securing compliance, and building frameworks so that promote mandate ex*****on by implementing agencies.

💡 Corporation secretaries and internal audit heads shared how digital tools and applications are being leveraged to monitor regulatory actions at Board meetings and internal audit processes.

H.E. Prof. Kithure Kindiki, E.G.H, Deputy President - Republic of Kenya, gave the key note address and officially opened the annual event which was also attended by senior Government officials.

The Authority was represented by Charles W. Mahinda, MBS (Chairperson), Joseah Rotich (Board member), Dr. Adano Wario (Director, Policy & Research) Ochieng' Ochiel (Manager, Internal Audit) and CS Maurice Nzuki (Principal Legal Officer).

The Authority remains fully committed to this national agenda of accountability and excellence in public service regulation.

At the just concluded International Competition Network (ICN) Annual Conference in Manila, Philippines, conversations continued beyond the plenary halls with the Authority’s delegation interacting with fellow competition law practitioners and thought leaders.

From digital markets to food systems, to enforcement cooperation and regional integration, these exchanges reflect the Authority’s commitment to remaining a globally engaged regulator that benchmarks its interventions on international best practice.

Pictured is the Director-General, Kemei David, in conversation with:

🤝 Michael Aguinaldo — Chairman, Philippine Competition Commission & host of ICN 2026 (Frame 1)

🤝 Ju Byung-ghi — Chairman, Korea Fair Trade Commission (Frame 2)

🤝 Irene Sharpe — Head, Competition Commission of Greece (Frame 3)

🤝 Dr. Willard Mwemba, CEO, COMESA Competition and Consumer Commission and Carin Smaller, Executive Director, Shamba Centre for Food & Climate (Frame 4)

The ICN Annual Conference 2026 has come to a close, and the Authority’s delegation returns home enriched with global insights, fresh perspectives, and valuable takeaways that will inform our work in the months ahead.

The CAK team engaged in high-impact sessions including the plenary on 𝘗𝘳𝘰𝘮𝘰𝘵𝘪𝘯𝘨 𝘊𝘰𝘮𝘱𝘦𝘵𝘪𝘵𝘪𝘰𝘯 𝘪𝘯 𝘍𝘰𝘰𝘥 𝘢𝘯𝘥 𝘈𝘨𝘳𝘪𝘤𝘶𝘭𝘵𝘶𝘳𝘦 𝘔𝘢𝘳𝘬𝘦𝘵𝘴 as well as discussions on 𝘐𝘯𝘯𝘰𝘷𝘢𝘵𝘪𝘷𝘦 𝘞𝘢𝘺𝘴 𝘵𝘰 𝘈𝘥𝘷𝘰𝘤𝘢𝘵𝘦 𝘊𝘰𝘮𝘱𝘦𝘵𝘪𝘵𝘪𝘰𝘯 𝘉𝘦𝘯𝘦𝘧𝘪𝘵𝘴 and the critically important session on International Cooperation for Making Enforcement Effective.

The delegation also attended sessions on 𝘗𝘶𝘣𝘭𝘪𝘤 𝘗𝘳𝘰𝘤𝘶𝘳𝘦𝘮𝘦𝘯𝘵 𝘢𝘯𝘥 𝘉𝘪𝘥-𝘙𝘪𝘨𝘨𝘪𝘯𝘨 𝘊𝘢𝘳𝘵𝘦𝘭𝘴, 𝘌𝘹𝘤𝘭𝘶𝘴𝘪𝘷𝘦 𝘋𝘦𝘢𝘭𝘪𝘯𝘨: 𝘊𝘢𝘴𝘦 𝘌𝘹𝘱𝘦𝘳𝘪𝘦𝘯𝘤𝘦𝘴 𝘢𝘯𝘥 𝘗𝘰𝘭𝘪𝘤𝘺 𝘗𝘦𝘳𝘴𝘱𝘦𝘤𝘵𝘪𝘷𝘦𝘴, and the 𝘔𝘦𝘳𝘨𝘦𝘳 𝘞𝘰𝘳𝘬𝘪𝘯𝘨 𝘎𝘳𝘰𝘶𝘱 𝘗𝘭𝘦𝘯𝘢𝘳𝘺 on whether merger control procedures are flexible enough in today's fast-changing economic landscape.

Beyond the formal sessions, the Authority's delegation held productive bilateral meetings with key figures in the global competition community including Mr. Michael Aguinaldo, Chairman of the Philippine Competition Commission (Frame 1 & 2) and host of this year's ICN conference.

The team also held productive meetings with delegations from the Korean Fair Trade Commission (Frame 3 & 4) and the Competition Bureau Canada (Frame 5 & 6). These interaction open doors for future collaboration and knowledge sharing.

Speaking at the hashtag Annual Conference in Philippines, Manila, the Authority’s Director-General Kemei David shared a blueprint on strategic planning and prioritization, and how best to build an agile & forward-looking competition agency.

Some of the standout issues from his presentation were:

⚡ 𝗡𝗼𝘁 𝗮𝗹𝗹 𝗰𝗮𝘀𝗲𝘀 𝗮𝗿𝗲 𝗲𝗾𝘂𝗮𝗹: There is deliberately move from enforcement volume to enforcement value, and prioritizing interventions into sectors where consumer harm is widest. Limited public resources follow the most impact.

⚡ 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗽𝗼𝗹𝗶𝗰𝘆 𝗶𝘀 𝗮 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 𝘁𝗼𝗼𝗹: Our strategic plan is anchored on key blueprints like the Bottom-Up Economic Transformation Agenda, Vision 2030, and the SDGs. Enforcement is interlinked with the country’s economic growth aspirations.

⚡ 𝗙𝘂𝘁𝘂𝗿𝗲 𝗼𝗳 𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗶𝘀 𝗿𝗶𝘀𝗸-𝗯𝗮𝘀𝗲𝗱, 𝗻𝗼𝘁 𝗰𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝘁-𝗱𝗿𝗶𝘃𝗲𝗻: Through market surveillance, case trend analysis, and market intelligence, the Authority seeks to increase its detection of anti-competitive behavior before harm is entrenched.

⚡ 𝗔𝗱𝘃𝗼𝗰𝗮𝘁𝗲 𝗳𝗶𝗿𝘀𝘁, 𝗲𝗻𝗳𝗼𝗿𝗰𝗲 𝗮𝗳𝘁𝗲𝗿: Guided by ICN best practice, we sequence interventions; advocacy initiatives, establish competition concerns through studies/inquiries before intervening, and accommodating external views and enforcement learnings in legislative review. Reduces litigation risk and improves transparency and predictability.

⚡ 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗺𝗮𝗿𝗸𝗲𝘁𝘀 𝗱𝗲𝗺𝗮𝗻𝗱 𝗮 𝗻𝗲𝘄 𝗽𝗹𝗮𝘆𝗯𝗼𝗼𝗸: Online platforms and data-driven business models are rewriting the rules of market power. In order to stay ahead of the curve, the Authority is recalibrating its analytical tools and processes. We have invested in a forensic lab, enhanced staff capacity, and amending the Competition Act to address emerging issues in the digital space.

In closing, Mr. Kemei noted that “over-enforcement in digital markets is as damaging as under-enforcement, specifically urging regulators to distinguish between innovation-driven scale and anti-competitive exclusion.”

This week, the Authority is represented at the ICN Annual Conference in Manila, Philippines. The forum kicked off with the 2nd Global Governance of Competition Law & Policy Colloquium, hosted by the Philippine Competition Commission.

This forum brought together competition officials, academics, and practitioners to explore pressing themes including strategic trade and competition policy, AI public infrastructures, and competition considerations in the education sector.

The Authority’s delegation, led by Director-General, Kemei David, has so far participated in two key sessions — a workshop on the Trade-off between Innovation & Competition Policies and a Roundtable on AI and Competition Policy: Getting the Framework Right.

These sessions presented rich cross-disciplinary dialogue on the evolving role of competition law in AI markets and digital ecosystems, and come at a time when the Authority is reviewing the Competition Act to attend to these emerging issues.

We look forward to engaging with fellow competition authorities, academics, and thought leaders from across the globe as we shape the future of competition policy.

The Authority is seeking to fill two positions:

1. Director, Corporate Services

2. Manager, Buyer Power

More details about the job opportunities, including specifications and job descriptions, are accessible on the Authority's Website: https://www.cak.go.ke/careers

𝗗𝗲𝗮𝗱𝗹𝗶𝗻𝗲: 𝟭𝟴𝘁𝗵 𝗠𝗮𝘆, 𝟮𝟬𝟮𝟲

East Africa is integrating at pace, as goods, services, and capital cross borders freely. However, economic integration without legal alignment can be counterproductive.

This is apparent in competition law enforcement, where judicial decisions paly a decisive role in shaping whether regional markets work efficiently or not.

To enhance appreciation of their role in hearing appeals arising from decisions of national competition authorities within the East African Community, the East African Community Competition Authority last week convened a two-day capacity-building workshop for Judges of the East African Court of Justice in Moshi, Tanzania.

Director-General Kemei David engaged the judges, sharing Kenya's experience and key enforcement lessons for the region. Highlights from his session:

⚡ 𝗪𝗵𝘆 𝗰𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗹𝗮𝘄 𝗺𝗮𝘁𝘁𝗲𝗿𝘀: It is not about protecting individual businesses, but protecting the process of competition. When markets are free and dynamic, prices fall, innovation rises, and consumers win.

⚡ 𝗞𝗲𝗻𝘆𝗮'𝘀 𝗲𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗿𝗲𝗰𝗼𝗿𝗱: The CAK has a credible enforcement track record from investigating cartels, tackling abuse of dominance, sanctioning abuse of buyer power, among others. Our enforcement journey offers a blueprint for the region.

⚡ 𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹 𝗿𝗲𝘃𝗶𝗲𝘄 𝘀𝘆𝘀𝘁𝗲𝗺 𝗺𝗮𝘁𝘁𝗲𝗿𝘀: Several of the Authority’s decisions appealed and separately confirmed by the Competition Tribunal and High Court. This validates our enforcement approach, creates jurisprudence, and stress tests the Competition Act.

⚡ 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗿𝗼𝗹𝗲 𝗶𝗻 𝗿𝗲𝗴𝗶𝗼𝗻𝗮𝗹 𝗶𝗻𝘁𝗲𝗴𝗿𝗮𝘁𝗶𝗼𝗻: Cartels do not respect borders. Multinationals operating across East Africa can undermine regional integration through anti-competitive conduct. National and regional competition agencies must enhance collaboration efforts.

⚡ 𝗔𝗳𝗖𝗙𝗧𝗔 𝗿𝗮𝗶𝘀𝗲𝘀 𝘁𝗵𝗲 𝘀𝘁𝗮𝗸𝗲𝘀: With the African Continental Free Trade Area in motion, a consistent, continent-wide competition framework is not optional. Kenya is actively engaged in shaping what that looks like.