Notify the Competition Authority of a merger or acquisition and get approval
Competition Authority of Kenya · sources read 2 Oct 2026
Before you complete a merger or acquisition, each party files the Merger Notification Form on the CAK e-filing portal and pays the filing fee (KSh 1M to 4M, by combined turnover or assets). CAK decides within 60 days of getting complete information.
- Fee
- FreeCombined turnover or assets KSh 500 million to 1 billion (exclusion)KSh 1,000,000Combined turnover or assets over KSh 1 billion up to 10 billionKSh 2,000,000Combined turnover or assets over KSh 10 billion up to 50 billionKSh 4,000,000Combined turnover or assets over KSh 50 billion
- How long
- Within 60 days of complete information (exclusions: 14 days)
- Where
- Online on the CAK e-filing portal (competition.cak.go.ke:444). CAK offices: CBK Pension Towers, 15th Floor, Harambee Avenue, Nairobi
What you need
- Filled and stamped (sealed) Merger Notification Form
- Audited financial statements for the last 3 years
- Signed copy of the sale/purchase agreement
- Board resolutions approving the deal
- Filled confidentiality claim form
- Proof that you paid the merger filing fee
Steps
- Create an account on the CAK e-filing portal (competition.cak.go.ke:444) and choose Mergers.
- The first party starts the filing and gets a filing number by email. Share it with the other party so you both file under the same application.
- Fill the Merger Notification Form (paragraphs 1 to 18 are required for every filing) and upload the documents.
- Pay the filing fee on eCitizen or through the CAK e-filing portal.
- Wait for CAK's decision: approved, approved with conditions, or rejected. Don't complete the deal before then.
Watch out
- A merger done without CAK approval has no legal effect, and its agreements can't be enforced in court. It can also bring up to 5 years in jail or a fine of up to KSh 10 million.
- Paying the full price counts as completing the merger. A down payment of up to 20% does not.
- eCitizen adds a KSh 50 convenience fee to each payment.
Who can apply
- Any deal that changes control of a business or its assets in Kenya, whether by buying shares, a business or assets, inside or outside Kenya, including a takeover.
- Each business involved in the merger must notify CAK.
Official sources (7)
- Mergers & Acquisitions cak.go.ke · read 2 Oct 2026
- Mergers & Acquisitions Filing Fees cak.go.ke · read 2 Oct 2026
- Citizens' Service Delivery Charter cak.go.ke · read 2 Oct 2026
- Competition Authority of Kenya Portal Filing Instructions (Mergers) cak.go.ke · read 2 Oct 2026
- Mergers & Acquisitions - Forms & Guidelines cak.go.ke · read 2 Oct 2026
- Competition Act, Cap. 504 (Rev. 2022) cak.go.ke · read 2 Oct 2026
- CAK e-filing portal competition.cak.go.ke · read 2 Oct 2026