Abstract: | Kenya's Restrictive Trade Practices, Monopolies and Price Control Act, 1988, is flawed. It suffers from a form-based approach, ambiguity, complexity, deficiencies and inconsistencies. This makes the law unpredictable and uncertain. Such imperfections give rise to unnecessary litigation and provide incentives to drag on the proceedings. They also provide opportunity for corruption at the enforcement level. The Act is administered through an unusual blend of political, administrative and judicial structures. These enforcement institutions need to be reorganized and they must be independent of the political set-up. Notes, ref. [ASC Leiden abstract] |