Kenya commits to stronger competition and consumer protection laws after OECD review

Kenya has pledged to strengthen its competition and consumer protection framework following the launch of a major international review assessing the country’s enforcement systems.

The report, developed by the Organisation for Economic Co-operation and Development (OECD), was officially launched by National Treasury Principal Secretary Chris Kiptoo, marking a key step in aligning Kenya’s market regulations with global standards.

The review highlights Kenya’s progress in building a modern competition regime, noting that the country has established a comprehensive legal framework covering anti-competitive practices, mergers, and consumer protection.

Kenya’s competition system is overseen by the Competition Authority of Kenya, which has a broad mandate to regulate markets, promote fair competition, and protect consumers across sectors of the economy.

According to the report, Kenya’s participation in the peer review process signals a strong commitment to transparency and reform. The OECD notes that such reviews help countries improve enforcement practices while fostering trust and accountability in economic governance.

The findings, however, also point to key gaps that could limit the effectiveness of competition enforcement.

Among the main concerns are low levels of enforcement activity, limited financial and human resources, and challenges in ensuring institutional independence. The report warns that these constraints may weaken the ability of regulators to deter anti-competitive behaviour and protect consumers effectively.

It also highlights transparency issues, noting that only summaries of decisions are typically published, making it harder for businesses and the public to fully understand how competition laws are applied.

The OECD further observes that while Kenya has strong legal provisions, actual enforcement has been limited, with regulators relying heavily on settlements that often involve low penalties. This approach may reduce the deterrent effect of the law.

To address these gaps, the report recommends increasing funding and staffing for the competition authority, strengthening enforcement practices, and improving transparency by publishing full decisions.

It also calls for clearer rules in appointing leadership to safeguard institutional independence and reduce the risk of political influence.

Speaking at the launch, Kiptoo said the government is committed to implementing reforms to enhance enforcement, transparency, and accountability in line with international best practices.

He added that strengthening competition policy is essential to building a fair, dynamic, and resilient economy where businesses can grow, and consumers are protected.

The report positions Kenya as an emerging leader in competition policy reform in Africa, while also underscoring the need for continued improvements to ensure markets remain open, competitive, and inclusive.

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