The Competition Authority of Kenya (CAK), an anti-trust regulator domiciled within the Treasury, has locked horns with the Ministry of Trade over plans to establish a new agency likely to rival its mandate.
The Ministry of Trade is reportedly in the process of establishing a National Consumer Protection Policy and a new agency whose functions would duplicate those of the CAK.CAK is questioning the idea behind the new agency wondering if its creation is the most efficient path at a time when government is walking on tight budget path.The regulator has launched its 2025-2027 strategic plan, which will require KSh 4.69 billion for implementation.
“We must pause and ask: is this the most efficient path, especially given our limited resources and existing legal frameworks? We all want the same thing, protecting Kenyans from market harm. But let’s avoid duplicating efforts. Instead, let’s strengthen what already works. Kenyans expect results, and they expect them now,” David Kemei, Director-General Competition Authority of Kenya said during the launch of the strategic plan.
The Ministry of Trade has been pushing for several amendments through the Business Laws (Amendment) Bill 2024 and other policy changes. Among these include the National Industrialisation Policy and the Consumer Protection Policy.
The CAK’s new strategy succeeds the third plan which enabled the Authority to expand enforcement mandate to areas such as bid rigging and digital economy. “The highest-ever penalties issued by a regulator in Kenya were imposed during this period. We have also seen major interventions by the consumer protection team to ensure businesses abide by the rules and do right by the Public who purchase their goods and services,” noted Kemei.
It focuses on strengthening enforcement tools and legal frameworks to align with emerging trends and best practices; expanding impact through targeted advocacy campaigns, enhanced stakeholder engagement, and grassroots collaboration; championing the government’s MSME development agenda by leveraging buyer power provisions and supporting sustainable economic growth promoting transparency, predictability, and accountability in its mandate delivery.