Competition Authority of Kenya (CAK) Director-General, David Kemei, has been sworn in as a Commissioner of the East African Community Competition Authority (EACCA) for a term of four (4) years and elected as its interim Chairperson.
The swearing-in ceremony took place on 3rd June, 2025 at the East African Community (EAC) Headquarters in Arusha, underscoring Kenya’s ongoing commitment to regional integration and the promotion of effective competition and consumer protection, in alignment with global best practices.
“Effective competition law enforcement is a central pillar in unlocking economic growth, attracting investments and safeguarding the interests of consumers at the national and regional level,” said Kemei.
The appointment of Commissioners will enhance ongoing engagements for increased cooperation between regulators in the EAC, with the realization that the issues we are facing as a bloc require a concerted and solution-based approach, Kemei noted.
As the Commissioner representing Kenya, Kemei said his priorities include advocating for harmonized merger regimes to efficiently facilitate investments, undertaking joint investigations against anti-competitive conduct and consumer violations with regional implications, and fostering deeper collaborations in capacity building, market inquiries and studies.
“Regional integration has its fair amount of challenges, hence why they are discussed and resolved wholesomely with high-level representation from various administrative divisions from the Partner States’ Governments, including Trade and Industry. Competition law matters are integral to these progressive deliberations,” he said.
The EACCA is a regional institution established in line with Article 9(2) of the Treaty for the Establishment of the EAC and section 37 of the EAC Competition Act, 2006. The Authority is mandated to promote and protect fair competition and enhancing consumer welfare within the EAC, with powers to investigate cross-border anti-competitive practices, assess mergers of regional significance, and consumer violations.
The EACCA also coordinates collaboration with national agencies for harmonized policymaking, including through entering into Memoranda of Understanding (MoU) with competition agencies in Kenya, Tanzania, and Rwanda. Section 38(1) and (2) of the EAC Competition Act, 2006 sets out that the EACCA shall have a board of Commissioners of members appointed on the recommendation of the Partner States.
Germain Ntawuyamara and Emmanuel Mugabe were also sworn as Commissioners, representing the Republics of Burundi and Rwanda, respectively.
Their appointment brings to three the number of sitting Commissioners. “It is our hope that the composition of the expertise of the Commissioners will enable the EACCA to tap on the gains arising from effective competition enforcement from advanced competition authorities such as Kenya and Tanzania,” Annette Mutaawe Ssemuwemba, Deputy Secretary General, Customs, Trade and Monetary Affairs, EAC, told the incoming Commissioners at the swearing-in ceremony.
“Further, it is envisaged that you will leverage on the experience and expertise from your networks, regionally and internationally to inform the EAC competition law implementation.”
She added that the installation of the new Commissioners is timely as the EACCA is in the process of developing its 2nd Strategic Plan and operationalizing the merger regime.
Stellah Onyancha, the EACCA’s Acting Registrar, informed the Commissioners that the delay in commencing merger notifications was occasioned by the need to amend the law to develop enabling legal instruments clearly setting out, among others, the notification thresholds and applicable filing fees.
“This has since been resolved following the gazettement of the EAC Competition (amendment) Act, 2023. Notifications of mergers and acquisitions to the EACCA is expected to start in October this year,” she said.
“This is with the objective of promoting competitive markets and ease of doing business in the Community and creating conducive climate for investments and hence enhancing trade in the region.”
