Intelligence

The Competition Authority of Kenya has harmonized its merger control regime with COMESA but not with the East African Community, creating potential jurisdictional conflicts for cross-border transactions. While the EACCA asserts exclusive jurisdiction over qualifying mergers, Kenya's domestic law has not been amended to recognize this one-stop-shop principle, unlike its treatment of COMESA notifications.

Kenya's Competition Authority published its FY 2024/25 Annual Report, revealing significant merger control activity with 128 applications processed, behavioral antitrust investigations spanning 75 cases, and notable enforcement actions against trade associations for price-fixing conduct. The report highlights the CAK's continued focus on employment retention conditions in merger approvals and its measured approach to exemption applications from industry bodies seeking relief from minimum pricing guidelines.

The Competition Authority of Kenya has imposed unusual remedies on the Diageo-Asahi transaction involving East African Breweries, requiring a USD 115 million reserve fund and retail refrigeration space allocation. These unprecedented conditions have sparked debate about the scope of merger control powers and raised questions about whether securing pre-existing liabilities falls within proper regulatory authority.

Mahesh Acharya and Duane Wekesa examine Kenya's legal and regulatory landscape governing the importation, manufacture, distribution and sale of therapeutic products in a comprehensive chapter for the IBA Healthcare and Life Sciences Law Committee's global guide. Their contribution offers practical insight into the frameworks that shape market access and supply chain compliance in Kenya's healthcare sector.

Kenya's Finance Act 2026 introduces significant tax reforms that impact venture capital, private equity, and foreign investment. This discussion explores how these changes affect investor confidence...

Gender-based violence persists not just as isolated incidents, but as a systemic crisis enabled by institutional gaps, inadequate policies, and social norms that fail to protect survivors. Njeri Migwi, Founder of Usikimye, shares six years of frontline experience revealing why survivors struggle to leave, why cases rarely reach justice, and what structural changes are needed beyond public outrage.