Nairobi — The Competition Authority of Kenya (CAK) and the Financial Sector Deepening Kenya (FSD Kenya) have entered into a bilateral agreement to enable the Organization for Economic Co-operation and Development (OECD) to peer review the Authority's institutional and legislative framework.
The evaluation, anticipated to be completed by December 2025, targets to support organizational and legal reforms within the Authority.
Additionally, the initiative aims to enhance mandate execution and stakeholder engagement, aligning operations with globally recognized standards for greater impact and efficiency.
The OECD has two distinct approaches for its hybrid on-site and virtual peer evaluation. In the first round, the Authority will submit a variety of documentary data for evaluation of its enforcement procedures and framework for consumer protection and competition.
The resultant report will reflect the perspectives of key stakeholders, such as staff, the board, government ministries and sector regulators, the business community, and academia.
Subsequently, a panel of external evaluators, featuring reputable practitioners in competition law and policy from around the world, will review the findings and directly engage the Authority to better understand its standard operating procedures and practices.
The evaluators will also review the authority's relevant laws, as well as identify gaps and potential areas for improvement where the final report will be availed to the public.
Additionally, the OECD will monitor and evaluate implementation of the recommendations while taking into consideration the unique circumstances of the Authority as well as the national economy.
Back in 2005, the Monopolies and Prices Commission, a department domiciled in the then Ministry of Finance, was peer reviewed by the United Nations Trade and Development (UNCTAD).
The subsequent policy recommendations occasioned the replacement of the Restrictive Trade Practices, Monopolies, and Price Control Act with a modern law--the Competition Act Cap 504 Laws of Kenya--and the establishment of the Authority as an autonomous agency in 2011.
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FSD Kenya has in the past collaborated with the Authority to undertake various market studies and inquiries aimed at flagging and addressing competition and consumer protection concerns in various markets, including USSD, leasing, and banking.
It also supported the Authority in hosting the Consumers International Global Congress in December last year.
