The Competition Authority of Kenya (the "Authority")has issued the Leniency Programme Guidelines (the "Guidelines") pursuant to section 89A of the Competition Act, 2010 ( the "Act"). The Guidelines which were gazetted on 19thMay 2017, govern the processing and granting of leniency under the Act. Under the Guidelines, the Authority can offer full or partial immunity to an undertaking in respect of restrictive trade practices committed by it. Restrictive trade practices include price fixing, market-sharing cartels, collusive tendering, fixing of purchase or selling prices, resale price maintenance or limits or control production or control of market outlets and access. The Act stipulates severe financial penalties of up to ten per cent of the immediately preceding year’s gross annual turnover in Kenya of the undertaking concerned.
The Guidelines allow the Authority to grant immunity in exchange for provision of evidence and full cooperation by the undertaking concerned so as to enhance compliance.
Please click here to read our bulletin highlighting the contents of the Guidelines including the procedure involved in applying for leniency.