NAIROBI, Kenya, Mar 21 – The Competition Authority of Kenya (CAK) has announced new consolidated administrative remedies and settlement guidelines for effective consumer dispute resolution mechanisms.
The Authority stated the guidelines outline the methodology analysis to be applied when determining remedies, including fines and settlements.
CAK acting Director General Adano Roba said that the Authority will also identify the various categories of contraventions, the administrative financial remedies, and other remedies to enhance transparency and efficiency in determining the administrative remedial measures.
“These Guidelines present the general methodology as well as give clarity on the analytical construct that the Authority will follow and apply in determining administrative remedies and settlement arrangements,” said Roba.
“Specifically, these Guidelines are aimed at enhancing transparency, efficiency, predictability and consistency in determining the administrative remedial measures,” he added.
The guidelines will also redress any loss or injury arising from the infringement of the rights of consumers as provided for in Article 46 of the Constitution.
The regulations will further provide for a cost-effective and efficient alternative dispute resolution mechanism for micro, small, and medium enterprises (MSMEs).
In determining the administrative remedies and settlement arrangements under the Competition Act, CAK will also be guided by Articles 46, 47, and 159 of the Constitution, the Fair Administrative Action Act 2015, the Data Protection Act 2019, and any other related laws.
The dispute settlement process requires the affected party to submit a request for settlement, to which the authority will respond with consent to settlement, followed by the commencement of a 90-day period of negotiations.
