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{
    "id": 1523696,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1523696/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Sen. Mungatana, MGH",
    "speaker_title": "",
    "speaker": null,
    "content": "complaints on abuse of dominant position in the market and they have done nothing. According to this Report, the CAK has received reports of abuse of dominant position by the EABL and yet they have done nothing about it. Madam Temporary Speaker, how can it be that a market player in Kenya today can abuse its dominant authority and position within the market against the Competition Authority of Kenya Act and then nothing happens? The Petitioner, Mr. Rono, is saying that something is seriously very wrong even in the CAK. Abuse of dominant position in simple terms means that you have a controlling or substantive share of the market within a country or region, and then you use your position to exercise your power and promote anti-competitive behaviour within the market. What does that mean? Since you have the dominant position, you go and force people to buy only your products and not another product, so that distributors are tied up. This is called tying up agreements. Sometimes, you abuse your dominant position by knowing that you have the money, the market share and the dominant position within the market share of the country or region. Then, what do you do? You kill competition by doing something called predatory pricing. You underprice not because of anything good or you want to help the market grow, but so that you can kill any competition. Madam Temporary Speaker, in this Petition, the East African Breweries Limited (EABL) has been accused of abusing their dominant position. They have underpriced, done tying agreements to make distributors only sell what they want and done criminal activities in the market in Kenya today, yet the CAK is seated there. In this recommendation in part (d), they are saying- “The Competition Authority of Kenya within six months of the tabling of this report, submit a report to the Senate on the reported cases of abuse of dominance from 2023 to 2024 and the respective measures and decisions taken by the Authority to resolve those cases.” What is the petitioner, Mr. Rono, saying? He is saying that the CAK is not doing its job. It is sleeping on its job that a petitioner has to come to the Standing Committee on Trade, Industrialization and Tourism of the Senate to make the CAK do its job. I hope that the CEO is listening to me. If you are not listening to me, wake up. I hope the Principal Secretary will come and talk to you. You need to wake up. A Kenyan does not need to come to the Senate to make you do your work. What does it mean? It means these people have complained to the Authority, but they have done nothing. Madam Temporary Speaker, this Petition and the recommendation of the Senate is an indictment on the CMA and its operations. How can you kill the local industry and feel nothing about it? It is an indictment on the CAK and you are given six months to report. Abuse of dominant position is happening in Kenya and you are doing nothing; that a petitioner has to move the Senate for you to do anything. I would have gone further in my recommendation that the CEO of the CMA and CAK plus their boards must be investigated. The Cabinet Secretary listening to me today, can you do something about the board? I know that the CAK and CMA have boards. If the Government of Kenya has shares and directors there, the boards must be reconstituted. A petitioner cannot come to the Senate to make you do your work. It means The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}