
David Kemei,The Competition Authority of Kenya(CAK)Director General(DG)
- 𝐂AK 𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐬 𝐒𝐡𝟏𝟕𝟖 𝐌 𝐨𝐟 𝐒𝐡𝟏.𝟒 𝐁n 𝐅𝐢𝐧𝐞𝐬
The Competition Authority of Kenya (CAK) has only recovered Sh177.5 million of the Sh1.43 billion in penalties it has ordered since 2021, new findings reveal.
This is equivalent to just 12.4 percent of the fines paid, with the remaining Sh1.25 billion stuck in lengthy court appeals at the Competition Tribunal.
Among the most contested fines is the Sh1.1 billion fine that was slapped on retail chain Carrefour in December 2023 for abusing buyer power.
The supermarket is challenging the ruling in court.
The authority is also facing pushback from top steel producers, such as Devki, Doshi, and Tononoka Rolling Mills, which are contesting a Sh 338 million fine for supposed price-fixing.
The low collection rate has raised questions about the effectiveness of CAK’s enforcement powers whether these fines are indeed an effective deterrent within the marketplace.
In a Media briefing, David Kemei , CAK Director General said the authority views fines as a last option and prefers to encourage voluntary compliance.
“We are not in the business of punishing companies for the sake of it. Fines are a tool to drive compliance and protect consumers when other remedies fail,” he noted.
Current laws empower CAK to fine a company up to 10 percent of the gross annual turnover but the provision has never been utilised in its entirety.
While the Treasury is entitled to recover fines once the rulings are made, delays in litigation have held up the process significantly.
The stalled funds come at a time when CAK is rolling out its 2023–2027 strategic plan focused on deepening consumer protection and expanding advocacy to ensure fair market practices across sectors.