This is an Appellate Tribunal established under the Competition Act, No. 12 of 2010 Laws of Kenya. It is charged with hearing and determining appeals and review applications emanating from the decisions of Competition Authority of Kenya. It may also determine other matters arising under the Act or referred to it by a Competent Court of Law.

The Competition Authority of Kenya is a State Corporation established under the Competition Act of Kenya and is charged with promoting and safeguarding competition in the national market and protecting consumers from unfair and misleading market conduct. It is authorized to investigate, prosecute, and adjudicate violations under the Competition Act.

The Competition Tribunal hears and determines appeals and applications for review filed by parties aggrieved by a decision of the Competition Authority

The Tribunal currently sits at Kenya – Re Towers, 10^th Floor, Upper Hill or such other place that the tribunal may determine including virtual sittings.

Any person who, by a determination made by the Authority under the Competition Act:

1. is directed to discontinue or not to repeat any trade practice.
2. is issued with a stop and desist order or any other interim order.

• is permitted to continue or repeat a trade practice subject to conditions prescribed by the decision.

1. is directed to take certain steps to assist existing or potential suppliers or customers adversely affected by any prohibited trade practices.
2. is ordered to pay a pecuniary penalty or fine; or
3. is aggrieved by a stop and desist order or any other interim order of the Authority.

Where any one of the orders above is directed to a class of persons, any person belonging to or representing that class, and

any person who by an order of the Authority is enjoined from proceeding with a proposed merger; or is authorized to proceed with a proposed merger subject to conditions prescribed by the decision.

A person aggrieved by a decision of the Competition Authority of Kenya (CAK) may appeal by way of filing in the prescribed format a Notice of appeal within 14 days and a memorandum of the appeal within 30 days of receiving the Authority’s decision.

A party to a merger who is aggrieved by the Decision of the Authority in relation to a proposed merger may apply to the Tribunal in the prescribed form for review of the Authority’s Decision within thirty (30) days after notice is given by the Authority in the Gazette of the determination made by

The Party filing an Appeal or Review shall serve the other Parties within 14 days of filing the same before the Tribunal.

A party who is served with the Memorandum of Appeal shall respond by filing a Replying affidavit within 14 days of service and may file a cross appeal within the same time.

All documents filed before the Tribunal shall comprise 7 hard copies and an electronic copy that is legible, properly paginated and marked.

The Tribunal may confirm, modify, or reverse the order appealed against or any part of the order.

The Tribunal may also refer the matter back to the Authority for reconsideration.

Any party aggrieved by a decision of the Tribunal may appeal to the High Court within 30 days from the date of receipt of the written decision and the decision of the High Court shall be final.

Proceedings before the Tribunal are governed by the Competition Act of Kenya (No 12 of 2010) and the Competition Tribunal (Procedure) Rules 2017.

The Tribunal is also guided by the principles set out under Article 159(2) of the Constitution of Kenya and strives to afford all parties before it a fair hearing.

Any person can appear before the Tribunal either in person or by an advocate of their choice.

Generally, the proceedings of the Tribunal are open to members of the Public. However, proceedings may be conducted in camera where the Tribunal considers it to be in the interest of the parties or either of the parties provided that such interest is not contrary to public interest.

To that end the Tribunal may prohibit the publication of reports and proceedings.

A party may request for the confidential treatment of a document or any part thereof using the prescribed format.

However, confidentiality shall not apply with respect to publication of names of their parties or their description and to any decision of the Tribunal.

Where an application for review emanating from the Authority’s decision is filed, the finalisation of the merger is automatically stayed pending determination of the appeal.

In all other instances, the decision of the Authority shall be observed and implemented unless the Tribunal otherwise orders. Consequently, the Tribunal may grant interim or final, conditional, or unconditional, injunctive orders where it is just and convenient to do so.

The Tribunal may also grant conservatory orders at any time prior to commencement of proceedings if the matter is urgent and where it is necessary to do so in the interest of justice.

Cases before the Tribunal often raise complicated issues and may involve a significant number of parties so it may be difficult to know at the outset how long a particular case will last. However, the Tribunal does seek to manage the cases tightly and, in general aims, to complete “straightforward” cases in less than nine months.

Applications for review of merger decision must by operation of the law be completed within 4 months from the date the application is filed before the Tribunal.