2023 In Review: Competition Developments In Kenya

2023 was a transformative year for competition law in Kenya, marked by a series of developments across various industries. In January 2023, the Competition Authority of Kenya ("CAK") appointed Dr Adano Wario to serve in the capacity of Acting Director-General, following the end of Mr Wang'ombe Kariuki's second and final term.

A summary of the key developments in competition law in Kenya over the last year:

• Abuse of buyer power - CAK settlement agreement with Unilever Kenya

In January 2023, the CAK entered into a settlement agreement with Unilever Kenya Limited ("Unilever") following investigations into the company's alleged abuse of buyer power in connection with a unilateral review of supplier payment terms by Unilever. Among other actions imposed, the terms of the settlement agreement require Unilever to gradually reduce payment terms for small and medium enterprises ("SMEs"), increase its procurement from SMEs, conduct supplier development training for