The Efficacy of the Competition Laws in the Liberalization of Trade in Kenya: a Study of the Telecommunication Sector

Abstract

The central aim of this paper is to highlight the efficacy of Competition Laws in the regulation of the Telecommunication Sector in connection to promoting competition in Kenya. The paper highlights the institutional and legal framework of competition law in the Telecommunication Sector. Further, it points out the positive impact and challenges faced by both the legal and institutional frameworks regulation competition in this sector. Lastly, it provides the recommendations on how to promote competition in the Kenyan Telecommunication Sector. The fact that the Telecommunication Sector is a cross regulated sector, there has been a challenge to effective competition in the Sector. The study espouses on the extent if any to which competition regulating institutions have hampered competition in the Telecommunication Sector and whether there is over regulation of competition in this sector. This research will seek to find a solution or at least offer guidance on how to deal with the thorny question as to whether the telecommunication sector should or should not be regulated and to what extent. In particular by considering the various regulatory approaches taken by various jurisdictions, the paper leaves the reader with the choice as to what approach Kenya should take in the sector.