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.
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
- Within 14 days of receiving CAK's decision, file a Notice of Appeal in the prescribed format.
- Within 30 days of receiving the decision, file your Memorandum of Appeal.
- Serve the other parties within 14 days of filing.
- 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)
- Tribunals Frequently Asked Questions tribunals.judiciary.go.ke · read 3 Oct 2026
- Know Your Tribunals tribunals.judiciary.go.ke · read 3 Oct 2026
- Tribunals Registry Operations Manual (2023) tribunals.judiciary.go.ke · read 3 Oct 2026