The inadequacy of kenya's antidumping law, regulations and administrative procedures under the wto/ gatt 1994 framework
Katasi, Grace N.
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This study seeks to expose the weaknesses in Kenya's domestic legislation against dumping; an unfair international practice that occurs when a country exports a product at a lower price than what it charges in its own home. Kenya is a member of the World Trade Organisation (WTO) and therefore a party to all WTO agreements including; Article VI of the General Agreement on Trade and Tariffs (GATT) 1994 on Anti-dumping measures and Countervailing duties, and the Agreement on Anti-Dumping (ADA). Despite this enormous obligation, Kenya's legislation on dumping is found in only Sections 125 and 126 of the Customs & Excise Act, and Section 117 of the East African Customs and Excise Act (EACMA) of 2004. The EACMA is restricted to dumping within the East African region hence offering no protection against goods dumped from other parts of the world. The Advisory Committee on Dumping and Subsidisation of Goods has not been established as required by the Customs and Excise (Anti-Dumping and Countervailing Measures) Regulations of 1999. In practice, complaints about dumping are handled on ad hoc basis by the Kenya Revenue Authority. Apart from being very shallow in comparison to the ADA, the lumping together of dumping and subsidies dilutes the ADA that is solely dedicated to dumping. This weak legislative framework has resulted in influx of cheap products like sugar, textiles and electronics into the domestic market, occasioning huge losses to the domestic producers of like products. The international and regional legal frameworks embodied in the WTO, COMESA and EAC are used as a guide to demonstrate the weaknesses in Kenya's domestic law. Finally, a proposed Anti-Dumping Bill is annexed to assist policy makers and legislators in designing a specific domestic anti-dumping law, with elaborate regulations and clear administrative structures.