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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.

Vision

To be an excellent appellate Tribunal in adjudicating competition and regulation matters.

Mission

To deliver timely justice that ensures protection and promotion of fair competition and effective regulation for enhanced market operations and consumer welfare.

“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.”

Our Core Values

Timely Justice
Impartiality
Professionalism
Efficiency and Effectiveness
Responsiveness
Service Focus
Transparency
Accountability

Mandate

The Tribunal adjudicates disputes emanating from the decisions of the Competition Authority of Kenya (CAK).

The disputes may arise from the following areas:

Restrictive Trade Practices

Agreements which inhibit fair competition in the economy.

Abuse of Dominant Position

This is where a dominant firm in the economy uses its position for economic gain at the expense of fair competition.

Exemption of Certain Restrictive Trade Practices

A restrictive trade practice can be exempted if the benefit accruing to the public outweighs the lessening of competition.

Mergers and Acquisition

This refers to obtaining ownership and control by one firm, in whole or in part, of another firm or business entity.

Unwarranted Concentration of Economic Power

Means the existence of close directorship between two distinct undertakings or companies producing substantially similar goods or services and whose combined market share is more than 40 per cent.

Consumer Welfare Cases

These include false or misleading representation regarding standards, quality, value, grade, composition, style and model of a product/service.

How to File An Appeal

Any person who wishes to appeal decisions from the Competition Authority of Kenya can file an appeal by filling the prescribed forms within 14 days. Once filled, scan and send your forms to efilling@competitiontribunal.go.ke

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1. Filing of a Notice of Appeal and Memorandum of Appeal

Any person aggrieved by the decision of the Authority shall file a Notice of Appeal and Memorandum of Appeal within 14 days upon receipt or notification of the decision of the Authority.

2. Serving the Respondents

Upon filing the Memorandum of Appeal and all accompanying documents, the appellant shall serve the Respondents within 14 days.

3. Responding

Any party served with the Memorandum of Appeal shall respond by filing a replying affidavit within 14 days of service.

4. Filing of a Cross-Appeal

Parties served with the Memorandum of Appeal or notification of the decision, may file a Cross-Appeal within 14 days from the date of service.

How We Will Manage your Case

The Tribunal shall handle cases by, among others:

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  • 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.

Our Jurisdiction

The Tribunal shall have the power to:
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Confirm Decisions

Confirm the decision of the Authority

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Modify Decisions

Modify the decision of the Authority by ordering restrictions or including conditions in the whole or in part;

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Reverse/Vacate Decisions

Set aside, reverse or vacate in whole or in part, the decision or the effect of any decision which is the subject matter of proceedings before it;

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Refer Decisions Back

Refer the matter back to the Authority for reconsideration on specified terms in accordance with section 75 of the Act;

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Make Cost Orders

Make an appropriate order as to costs

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Grant Appropriate Relief

Grant any other appropriate relief which the Tribunal would have the power to grant under the Act.

Latest News

We are observing COVID 19 precautions in the execution of our mandate. Hearings of the Tribunal will be conducted virtually.

Upcoming Hearings

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Cases Handled

Since our inception, we have handled 11 cases of which 2 have been appealed to the High Court.

Year in Operation

Decided Cases

Current Cases

Inquire About an Appeal

Briefly describe your appeal

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Our Partners

We work in partnership with several organizations in achieving our mandate

The National Treasury

The Judiciary

Kenya Law Reports

Competition Authority of Kenya