14 June 2026 · David Ochieng
Parties consistently underestimate the value of pre-notification engagement with the Competition Authority of Kenya. A filing that anticipates the authority's theory of harm and addresses market definition candidly will ordinarily proceed without extended review.
Where a transaction has a regional dimension, the interaction between the national and COMESA regimes must be resolved at the outset. Filing in the wrong forum is a costly and avoidable delay.
We recommend that transaction timetables build in a realistic clearance window and that conditionality be drafted to accommodate remedies without reopening price.
This publication is provided for general information and does not constitute legal advice. (Sample content.)