Thursday 09th of September 2010
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The Restrictive Trade Practices, Monopolies and Price Control Act, Cap. 504 of the Laws of Kenya provide four institutions for the enforcement, administration and settlement of disputes in relation to Competition and Fair Trading. The Commissioner works under the general control of the Minister responsible for Finance. The Restrictive Trade Practices Tribunal (RTPT) operates independently as the court of first appeal but falls administratively under the Minister for Finance. The High court of Kenya is the final court of appeal against all decisions of the Tribunal in regard to interpretation and enforcement of the law. The RTPT deals with cases already handled by the Minister where the parties are not in agreement. Such cases will normally have been investigated and handled by the Commissioner before being considered by the Minister. If, for any reason, one of the parties is not satisfied with the decision of the Tribunal, an appeal can be lodged with the Kenya High Court whose decision shall be final. Hearings will either be public or private depending on the circumstances of each case. |
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