Guidelines on Engaging with Consumer Organizations.pdf -...

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Page 1 of 7 GUIDELINES ON ENGAGING CONSUMER BODIES THE COMPETITION AUTHORITY OF KENYA Revised December 2017
Page 2 of 7 Table of Contents Introduction ................................................................................................................................................ 3 Objectives of the Guidelines ..................................................................................................................... 3 Functions of the Authority under Section 9 of the Competition Act .................................................. 4 Guiding principles for effective engagement ......................................................................................... 5 Responsibilities of each party ................................................................................................................... 6 Monitoring and Evaluation ...................................................................................................................... 7
Page 3 of 7 Introduction 1. The Competition Authority of Kenya (the Authority) is a State Corporation established by Section 7 of the Competition Act No. 12 of 2010 (the Act). The Authority’s Mandate is to enforce the Act with the objective of enhancing the welfare of the people of Kenya by promoting and protecting effective competition in markets and protecting consumers from unfair and misleading market conduct. 2. It is noted that for consumers to be protected effectively from unfair business practices, regulators with a consumer protection mandate need to collaborate with other stakeholders especially consumer bodies. Premised on this, it is therefore necessary that these regulators chart a working relationship and engagement framework. 3. The formulation of these guidelines has been necessitated pursuant to Section 9(d) of the Competition Act No. 12 of 2010 (“the Act”) inter alia, “ one of the functions of the Competition Authority of Kenya (“the Authority”) shall be to promote the creation of consumer bodies and the establishment of good and proper standards and rules to be followed by such bodies in protecting competition and consumer welfare” . Section 9(e) provides that, One of the functions of the Authority shall be to recognize consumer bodies duly registered under the appropriate national laws as the proper bodies, in their areas of operation, to represent consumers before the Authority” . 4. Further, Section 69(1) on Notification by Consumer Bodies (“CB”) provides that, Recognized consumer bodies shall be entitled to notify the Authority of any alleged infringement of the provisions of this Part”. Section 69(3) goes on to provide that, “A consumer body which gives notification to the Authority shall be required to cooperate with the Authority in its investigation of the alleged infraction of the provisions of this Part”. 5. This guidelines may be amended periodically as it may be deemed appropriate.

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