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{
    "id": 699213,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/699213/?format=api",
    "text_counter": 146,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "Thank you, Hon. Speaker. I would like to support this particular Bill. Hon. Katoo ole Metito spoke very well. He spoke to the essence of the competition law. We agree that the competition law ought to be one that promotes and safeguards the market as it is in consumer protection, and also helps with restrictive trade practises as well as monopoly. It is possible, particularly in this Bill, to see that there is an attempt to put proper enforcement mechanisms. This is because, ordinarily in the competition law, you really need a proper enforcement mechanism as most of the times the people engaging in business would want to engage in unfair business practices. That particular enforcement mechanism ought to be speaking to market dominance as well as the control of mergers - amongst many other things that would make business practices unfair to consumers. I will speak to specific provisions of this particular Bill. Clause 4 is a fairly good provision. It states:- “Every person, undertaking trade association or body shall be under an obligation to provide information requested by the Authority in fulfilment of its statutory mandate for conducting an inquiry or sectoral study regulated by this section.” I think that particular provision, which is also in line with Article 35 of the Constitution, will help the Authority in terms of the enforcement mechanisms that I have spoken to. It is possible to have an authority but, if it is not given an enforcement mechanism or provisions as to how it conducts its mandate, then that particular authority will not help in regulating the various unfair business practices. Clause 5 proposes to introduce a New Clause 5 (2A), which says:- “Any conduct that amounts to abuse of buyer power in a market in Kenya, or a substantial part of Kenya, is prohibited.”"
}