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"content": "Mr. Temporary Deputy Speaker, Sir, the object of this Bill is:- (i)To repeal the Restrictive Trade Practices, Monopolies and Prices Control Act, Chapter 504, Laws of Kenya. (ii)Provide for the establishment of an effective regulatory framework; that is, legal and institutional, premised on best international practices while respecting our own national needs for regulation of competition in a liberalized market. (iii)The Bill also provides for consumer protection. Currently, we do not have a comprehensive consumer protection regime. Various aspects of consumer protection are contained in disparate pieces of legislation hence the Bill seeks to create a one-stop-shop to deal with consumer welfare issues such as misleading advertisements, representations, unconscionable conduct, supply of unsafe or defective goods and so on and so forth. As the Common Market for Eastern and Southern Africa (COMESA) and the East African Community (EAC) competition regimes subsume consumer protection, in accordance with the principle of subsidiarity, we will be called upon, whenever necessary, to aid in the handling of extra territorial consumer protection cases on behalf of these regional authorities. This obligation also gives a compelling rationale for consumer welfare positions under a national competition law. Mr. Temporary Deputy Speaker, Sir, the Bill is divided into ten parts. I wish to highlight some of the parts. In the preliminary part of this Bill, the Objects of the Bills are highlighted. They are meant to enhance the welfare of Kenya by promoting and protecting effective competition in markets and preventing unfair and misleading conduct. This will, of course, lead to increased efficiency, innovation and maximization of the efficient allocation of resources. Distribution of profit gains will also be enhanced since monopolies will be checked effectively and, therefore, prices in the economy will be fixed competitively. Clause 4 of this particular part defines competition and market competitors as âany two or more persons supplying or acquiring goods or services that are the same or substitutableâ."
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