Kenya: Competition Act (No. 12 of 2010) establishing Competition Authority and Tribunal entered into force

On 1 August 2011, the Competition Act (No. 12 of 2010) entered into force. The Act establishes the Competition Authority, an independent body tasked with promoting and enforcing compliance with competition laws. The Authority is empowered to investigate complaints, conduct inquiries, and enforce regulations to safeguard competition and consumer welfare. It operates with a Director-General and a board comprising members appointed by the President and other stakeholders. Aditionally, the Act establishes the Competition Tribunal, which serves as an appellate body for decisions made by the Competition Authority. The Tribunal consists of a Chairperson, who must be an advocate with at least seven years of standing, and additional members appointed by the Cabinet Secretary. It is responsible for hearing appeals related to restrictive trade practices, mergers, and other determinations made by the Competition Authority.