经合组织竞争法和竞争政策同行审评：肯尼亚

OECD PeerReviews ofCompetitionLaw andPolicy: Kenya Competition Law and Policy Reviews OECD Peer Reviewsof Competition Lawand Policy: Kenya This work is published under the responsibility of the Secretary-General of the OECD. The opinions expressed andarguments employed herein do not necessarily reflect the official views of the Member countries of the OECD. This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty overany territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. ISBN 978-92-64-41942-1 (print)ISBN 978-92-64-74199-7 (PDF)ISBN 978-92-64-92574-8 (HTML) Competition Law and Policy ReviewsISSN 2220-7767 (print)ISSN 2220-9158 (online) Photo credits:Cover © SimonSkafar/iStock by Getty Images Plus. Attribution 4.0 International (CC BY 4.0) This work is made available under the Creative Commons Attribution 4.0 International licence. By using this work, you accept to be bound by the terms of this licence(https://creativecommons.org/licenses/by/4.0/).Attribution– you must cite the work.Translations– you must cite the original work, identify changes to the original and add the following text:In the event of any discrepancy between the original work and thetranslation, only the text of the original work should be considered valid.Adaptations– you must cite the original work and add the following text:This is an adaptation of an original work by the OECD. The opinions expressed and arguments employed inthis adaptation should not be reported as representing the official views of the OECD or of its Member countries.Third-party material– the licence does not apply to third-party material in the work. If using such material, you are responsible for obtaining permission from the third party and forany claims of infringement.You must not use the OECD logo, visual identity or cover image without express permission or suggest the OECD endorses your use of the work.Any dispute arising under this licence shall be settled by arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The seat of arbitration shallbe Paris (France). The number of arbitrators shall be one. Foreword Peer Reviews are founded upon the willingness of a country to submit its lawsand policies to substantivereview by other members of the competition international community. This process provides valuableinsights to the country under study and promotes transparency and mutual understanding for the benefitof all. There is an emerging international consensus on best practices in competition-law enforcement andthe importance of pro-competitive reform. Peer Reviews are an essential part of this process, as well asan important tool in strengthening competition institutions. Strong andeffective competition institutions canpromote and protect competition throughout the economy, which increases productivity and overalleconomic performance. A peer review is a two-stage process: first, a report is produced by the OECD Secretariat on the currentstate of the country’s competition framework and its enforcement practice; and second, a peer reviewbased on the report is performed either in the Competition Committee or the OECD Global Forum onCompetition. This OECD report served as basis for the Peer Review in the presence of lead examiners that took placeat the OECD Global Forum on Competition on 2December 2025. The lead examiners were GustavoAugusto Freitas de Lima (President, Brazilian AdministrativeCouncil for Economic Defense–CADE),Linsey McCallum (Acting Director-General, European Commission Directorate-General for Competition–DG COMP) and Doris Tshepe (Commissioner, Competition Commission of SouthAfrica CompetitionCommission of SouthAfrica). The delegation representing Kenya during the Peer Review session was ledby: David Kemei (Director General, Competition Authority of Kenya). The precise recommendations were developed by the lead examiners, discussed at the OECD GlobalForum on Competition on 2December 2025 and approved by written procedure on 16February 2026.They have been included as a separate chapter in this report. This report was prepared by Marcelo Guimarães, Connor Hogg and Saïd Kechida (from the OECDCompetition Division), with support by Tominaga Yuichi (on secondment to the OECD from the Japan FairTrade Commission) and Zeynep Akbas.Ori Schwartz, Antonio Capobianco and Aura García Pabónprovided valuable inputs.The report was prepared for publication by Erica Agostinho. The Peer Review process wasextensively supported by the management and staff of the CompetitionAuthority of Kenya, co-ordinated by Adano Roba and Ninette Mwarania. This report reflects information provided in: •The responses to the OECD Secretariat’s questionnaire as well as follow up clarifications.•Informationcollected in the OECD Secretariat’s May2025 fact-finding mission,where theSecretariat met with the