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Appeal a Competition Authority (CAK) decision at the Competition Tribunal

Judiciary Tribunals · sources read 3 Oct 2026

Unhappy with a Competition Authority (CAK) decision? File a Notice of Appeal with the Competition Tribunal within 14 days of getting the decision, then a Memorandum of Appeal within 30 days. Merger parties ask for a review within 30 days of the Gazette notice.

Fee
We couldn't confirm a fee from the official page. Check it there before you pay.
How long
The tribunal aims to finish straightforward cases in under 9 months
Deadline
Notice of Appeal: 14 days, and Memorandum of Appeal: 30 days, from receiving CAK's decision
Deadline
Merger review: 30 days after CAK's Gazette notice of its decision
Where
Competition Tribunal, Kenya Re Towers, Upper Hill, Nairobi (it also sits virtually). Judiciary tribunals take filings on the e-filing portal (efiling.court.go.ke), and the registry helps if you can't file online.
Go to the official site

What you need

  • Notice of Appeal, in the prescribed format
  • Memorandum of Appeal
  • 7 hard copies of every document plus an electronic copy, legible, paginated and marked

Steps

  1. Within 14 days of receiving CAK's decision, file a Notice of Appeal in the prescribed format.
  2. Within 30 days of receiving the decision, file your Memorandum of Appeal.
  3. Serve the other parties within 14 days of filing.
  4. The other side files a replying affidavit within 14 days of being served, and may cross-appeal in the same time.

Watch out

  • Appealing doesn't pause CAK's decision (merger reviews are the exception). You must follow it unless the Tribunal orders otherwise, so ask for interim orders if you need it stopped.
  • You can appear yourself or through an advocate of your choice.
  • Unhappy with the Tribunal's decision? Appeal to the High Court within 30 days of receiving the written decision. The High Court's decision is final.

Who can apply

  • Anyone affected by a CAK determination, for example being told to stop a trade practice, or being given a stop and desist order or another interim order.
  • A party to a merger who disagrees with CAK's decision on the proposed merger (this is called a review).
  • Consumer cases too: CAK decisions on unconscionable business conduct, unsafe goods and product information.
Official sources (3)
  1. Tribunals Frequently Asked Questions tribunals.judiciary.go.ke · read 3 Oct 2026
  2. Know Your Tribunals tribunals.judiciary.go.ke · read 3 Oct 2026
  3. Tribunals Registry Operations Manual (2023) tribunals.judiciary.go.ke · read 3 Oct 2026

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