The Competition Tribunal is established under the Competition Act No. 12 of 2010, Cap 504 Laws of Kenya and its objective is to enhance welfare of the people of Kenya by promoting and ensuring fair competition in markets; and preventing unconscionable and misleading market conduct.
“COMPETITION: This refers to a situation in the market in which firms or sellers independently strive for the patronage of buyers in order to achieve a particular business objective, e.g. profits, sales and/or market share.”
The Tribunal adjudicates disputes emanating from the decisions of the Competition Authority of Kenya (CAK).
The disputes may arise from the following areas:
- Encouraging the parties to co-operate with each other in the conduct of the proceedings
- Identifying and concentrating on the main issues as early as possible
- Employing suitable and appropriate technology in the conduct of the business of the Tribunal
- Adopting procedures that are most effective and appropriate for the case
- Ensuring that hearing is conducted within defined time-limits and without undue delay
- Encouraging and facilitating the use of alternative dispute resolution mechanisms if the Tribunal considers it appropriate.
Since our inception, we have handled 11 cases of which 2 have been appealed to the High Court.
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We work in partnership with several organizations in achieving our mandate