Competition Authority of Kenya Strategic Plan 201718 - 202021-Min
Competition Authority of Kenya Strategic Plan 201718 - 202021-Min
(2017/2018 – 2020/2021)
PREFACE......................................................................................................................... iii
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Strategic Plan (2017/2018 – 2020/2021)
thematic areas for the next four years. ronment necessary for delivering on
The current Strategic Plan builds on the the aspirations of the new Strategic
previous Plan's successes, factoring in Plan.
the lessons learnt in its design and Finally, I would like to recognize the
implementation plan, including dedication and commitment of my
strategies to overcome the identified fellow Board members, the
potential challenges in the coming four Management Team and the entire Staff
years. throughout the planning process, and
for tirelessly working on, and deliver-
The Authority is commi ed to actualiz- ing this document. I am persuaded that
ing this Strategic Plan which envisions in the same manner that the team had
among others; deepening efficiency by myriads of success stories in the imple-
monitoring and reviewing the requisite mentation of the first Strategic Plan, we
organizational policies and operational shall successfully implement this Plan
procedures to enable the staff to as we work towards our vision and
maximize their potential during the fulfil our mission.
implementation period. The Authority
will continue adhering to the principles
of good governance and the core values
of the organization, which fortify team David Otieno Ong'olo, MBS
spirit and enhance the working envi- BOARD CHAIRMAN
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PREFACE
The 2017/18 - 2020/21 Strategic Plan is Leasing Sector. This intervention is
anchored on the success and lessons of expected to result in increased uptake
the previous Strategic Plan (2013/14- of this sector especially among the
2016/17). The Plan sets out outcome- SMEs. In addition, the Authority will
oriented goals and objectives which the conduct investigations into possible
Authority will endeavour to achieve breaches of consumer rights in the food
and shall place greater emphasis on sector as part of its contribution to
delivering effective enforcement and realisation of food security and nutri-
enhance the creation of efficient tion.
markets for consumers.
The Strategic Plan also takes into
Specifically, the second Strategic Plan consideration the Sustainable
focuses on achievement of the Big 4 Development Goals, the Kenya Vision
Economic Transformation Agenda. The 2030, the Constitution of Kenya as well
Big 4 Agenda is four-pronged; enhanc- as sectoral blueprints aimed at promot-
ing manufacturing's share of GDP from ing socio - economic and political
9.2% to 20% by 2022; achieving 100% development in the country.
food security and nutrition; availing
affordable housing and universal The Plan is cognizant of the environ-
health coverage. mental factors under which the
Authority operates in and has taken
To contribute to the achievement of the these into account while formulating
Big 4 Agenda, the Authority will the various strategies of achieving its
conduct market inquiries to locate and objectives in the next four years. The
extinguish anti-competitive practices process of developing the Strategic
impeding growth of the manufacturing Plan involved extensive internal and
sector. The Authority will also advise external stakeholder participation and
on the review of legislation on the consultation. The Authority conducted
provision of professional services in the various workshops, providing an
country with the aim of increasing opportunity for Staff, Management and
competition and spurring growth of the Board to fully inform the development
Big 4.Mortgage uptake in the country of this Plan. The degree of engagement
remains low. The Authority plans to in the process, and, the quality of
review the terms and conditions of contribution ensured that the Plan
these house ownership contracts to embedded the interests and focus of
ensure they are not prohibitive to stakeholders in ensuring and generat-
consumers. To support SMEs leasing ing the necessary ownership and
healthcare, agricultural and manufac- commitment in its implementation.
turing equipment, the Authority will The Plan therefore, provides a credible
advise on the framework to support the cog for
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EXECUTIVE SUMMARY
The Competition Authority of Kenya resources to execute mandate in line
(“the Authority”) is a Statutory Agency with international standards based on
established under the Competition Act ISO 9001:2015 quality management
No.12 of 2010 (“the Act”). The systems.
Authority's mandate is to enforce the
Act with the aim of enhancing the Its key opportunities include; develop-
welfare of the people of Kenya by ment of subsidiary legislations to
promoting and protecting effective facilitate the implementation of
competition in markets and preventing Competition Law, provision of advi-
misleading market conduct in Kenya. sory services to government,
institutionalization of staff knowledge,
The Authority's 1stStrategic Plan be er knowledge management
covered four (4) years (2013/2014 to practices, leveraging on technology to
2016/2017). The review of the 1st improve efficiency and effectiveness,
Strategic Plan identified the successes expanding areas of focus such as Buyer
secured and challenges faced during its Power and competition in public
implementation, lessons which were procurement, enhance investigation
taken into account in preparation of capacity, operationalization of the
this 2nd Strategic Plan. Competition Tribunal, a supportive
This Plan sets out the vision, mission, Legislature, cooperative sector regula-
the strategic themes, strategic objec- tors, enhanced enforcement by coordi-
tives, and key activities to deliver nating with other Regional Economic
output. In carrying out the institution's Communities (RECs) and the Africa
environmental analysis, a couple of Competition Forum (ACF).
strengths, weaknesses, opportunities,
and threats were identified that the The threats that may constrain the
Authority should take cognisance of in operations of the Authority include:
the realisation of its mandate and competing needs at the Exchequer
achievement of its well-articulated negatively impacting on budgetary
vision. Further, the Authority has allocation, potential change in key
aligned its Strategic Plan to the Big 4 stakeholders priorities during the
Economic Transformation Agenda. implementation of the Strategic Plan,
The key strengths of the Authority potential overlapping mandate with
include a clear mandate spelt out in the other Sector regulators and RECs,
2016 amendments to the Competition limited control over the timeliness in
Act. Skilled staff with knowledge and the performance of some tasks due to
experience, well established working unreliable flow of critical information
networks with local and regional from external sources, potential change
stakeholders, established credibility on in government policy and related
competition ma ers, adequate regulatory challenges presented by
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Strategic Plan (2017/2018 – 2020/2021)
VISION
“A Kenyan economy with globally
efficient markets and enhanced consumer
welfare for shared prosperity.”
MISSION
“To enhance competition and consumer welfare
in the Kenyan economy by regulating
market structure and conduct in order to ensure
efficient markets for sustainable
growth and development.”
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3. Profession
CORE VALUES
alism
5. Teamwork
4. Impartiality
i) commit to a ain the highest standards in service delivery to all stakeholders in line
with ISO 9001:2015.
ii) commit to act in an honest, transparent and responsible manner while
implementing our programmes.
iii) are guided by professional ethics aimed at building an appropriate corporate
culture and creating the rights corporate image.
iv) uphold the highest levels of equity by treating all stakeholders without any
discrimination whatsoever.
v) adopt a participatory approach and work together at all levels in the conduct of
its business.
vi) are a learning organization that embraces change and continuously enhances
creativity and innovation in its business processes.
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MOTTO
QUALITY POLICY
Towards this, the Authority commits to comply with all statutory and other applicable
requirements and to continual improvement of its Quality Management System based
on ISO 9001:2015 International Standard.
This Policy and the established quality objectives shall be reviewed to ensure their
continual suitability and adequacy, shall be communicated, understood and applied
throughout the organization and shall be available to relevant interested parties as
appropriate.
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CHAPTER 1
INSTITUTIONAL REVIEW
1.1 Background
The process of strategic planning is aimed at identifying and selecting the most appro-
priate ways of utilising the organization's resources to achieve specified objectives,
while taking into account the external environment in which the organization operates.
The Authority's 2nd Strategic Plan (2017/2018 - 2020/2021) which covers the period
from 1st July 2017 to 30th June 2021, is also informed by the 1st Strategic Plan (2013/2014
- 2016/2017). This Plan sets out what the Authority intends to do in promoting efficient
markets and enhancing consumer welfare in the broader Kenyan society through
facilitating the government achieve its Big 4 Economic Transformation Agenda.
The Strategic themes outline the focus of the Authority for the next four (4) years.
Activities under each strategic objective are linked to performance indicators and
targets to assist the Authority assess progress in realizing its goals and objectives. The
Plan is guided by the Constitution of Kenya 2010, Kenya Vision 2030, Big 4 Economic
Transformation Agenda, the Global Sustainable Development Goals (SDGs), Medium
Term Expenditure Framework III (MTEF) and the Competition Act.
Building on the foundation of the first Strategic Plan, this Strategic Plan emphasizes
enforcement of competition, protecting consumer welfare, building capacity internally
to address emerging competition issues and creating linkages with academia, regula-
tors and other Competition Agencies regionally and internationally to enable the
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The Authority is governed by a Board that is mandated to ensuring that the Authority's
obligations, roles and responsibilities to its various stakeholders are fulfilled through
sound corporate governance practices. The Board established under section 7 of the
Competition Act comprises of the Chairman, representatives from The National
Treasury, The A orney General, The Ministry of Industry, Trade and Cooperatives,
Five (5) independent non-executive members and the Director General, as an ex-officio
member.
The Board has overall responsibility of ensuring that the Authority has in place policies,
procedures, and values which support the organization in its long-term planning
aimed at meeting its mission as well as carrying out the fiduciary duty of monitoring
and overseeing the activities of Management. To effectively execute its role, the Board
has constituted the following four (4) commi ees namely: Technical and Strategy,
Human Resource, Audit and Finance.
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The Management of the Authority comprises of the Director General (DG), three
Directorates (Competition & Consumer Protection; Planning, Risk & Quality
Assurance; and Corporate Services) and five units (Communications & External
Relations, Supply Chain Management, Buyer Power, Legal and Internal Audit) that
directly report to the Director General. The Director General is responsible for the day-
to-day management of the Organization and reports to the Board.
The Competition Act Amendment in 2016 enhanced the statutory mandate and aligned
the Act with international best practices; strengthened enforcement capacity and
emboldened the Authority's ability to address emerging issues in the competition
terrain such as those posed by abuse of buyer power. The amendments provide
increased regulatory capacity for the Authority to be er execute its consumer protec-
tion mandate, impose administrative penalties for Abuse of Dominance, among others.
This widened mandate will require more resources, both capital and human, in order to
implement the new provisions while also aligning the organizational structure to
enable the Authority deliver on its objectives.
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CAK BOARD
DIRECTOR GENERAL
Manager / Manager Manager Manager Manager Risk and Manager Planning Manager Human Manager Manager Manager
Corporation Manager Manager
Enforcement & Mergers & Consumer Quality Assurance Research and Resources & Manager Finance Communications Supply Chain Internal
Secretary Buyer Power ICT
Compliance Acquisition Protection Policy Administration and External Management Audit
and Legal
Relations
Services
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Officer Officer Officer Officer Officer Officer Officer Officer Officer
Officer Analyst Officer Officer
Executive Records
Admin Assistant Admin Assistant Procurement
Assistant Admin Assistant
Management
Assistant
Officer
The Table below highlights the recommended approved and actual staff establishment.
The Authority carried out a consultative process to come up with this Plan. This
involved:
i) Preparation of plans from different thematic (working) areas;
ii) Reviewing the Government's relevant policy documents and directives and
incorporating the same in the Plan;
iii) Carrying out an environmental scanning exercise through Political, Economic,
Social, Technological, Environment and Legal (PESTEL) Analysis, Risk
Assessment, as well as conducting a Strengths, Weaknesses, Opportunities and
Threats (SWOT) Analysis; and
iv) Obtaining valuable input from both the Board and Management.
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CHAPTER 2
REVIEW OF THE PREVIOUS STRATEGIC PLAN
2.1 Introduction
As indicated earlier, the Authority's 1st Strategic Plan covered four (4) years from
2013/2014 to 2016/2017. The objective of the review of the 1stPlan was to provide
insights into the achievements, challenges and highlight lessons for the development of
this Strategic Plan.
During the four year Plan period, the following strategic themes guided the operations
of the Authority:
i) Enforcement of Competition and Protection of Consumers;
ii) Research, Advocacy and Awareness Creation;
iii) Mobilization and Optimal Utilization of Resources;
iv) Infrastructure and Human Capital Development, and;
v) Visibility and Corporate Image.
These priority areas were further crystallized under the following five strategic
objectives:
i) To regulate anti-competitive practices and mergers, unwarranted concentration of
economic power, and practices that affect consumer welfare;
ii) To carry out market inquiries, advocacy and promote awareness;
iii) To mobilize adequate financial resources and enforce optimal utilization to ensure
financial sustainability of the Authority;
iv) To build adequate infrastructure and human capital capacity to enable the
Authority efficiently and effectively execute its mandate, and;
v) To enhance corporate image and visibility of the Authority.
The performance of the 1st Strategic Plan was evaluated against the five strategic
objectives above. A review of the implementation of the previous Strategic Plan indi-
cated that the Authority achieved about 90% of its planned activities as at April 2017,
which was earlier than the projected end of Plan's period.
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2.3.2 Challenge
During this period, the Authority faced a number of challenges including but not
limited to the following:
i) Low awareness of the mandate of the Authority amongst some stakeholders and
the general public.
ii) Information asymmetry–difficulty in access, cost of acquisition,and reliability of
information gathered from stakeholders for analysis affected the efficiency and
effectiveness in concluding some tasks.
iii) Budgetary constraints – the Authority has not been able to secure adequate fund-
ing for some of its planned activities due to the emerging competing needs at the
Exchequer.
iv) Regional competition environment – lack of a nexus point between National
competition agencies and Regional Economic Communities (RECs)has hampered
effective cooperation.
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The lessons learned from the 1stStrategic Plan point to the need to:
i) Create and increase awareness amongst key stakeholders on competition ma ers.
ii) Enhance cooperation with key stakeholders to improve tasks execution and
information sharing.
iii) Create awareness at County level on the Authority's mandate which is critical in
entrenching Competition at the County levels.
iv) Harmonize the law between National Agencies and RECs with clear engagement
frameworks to enhance cooperation.
v) Review the Competition Act to improve the effectiveness of competition adminis-
trative remedies.
vi) Prioritize activities to be implemented through the Annual Work Plans.
vii) Review and align guidelines, manuals, forms and toolkits to the changing market
and legal environment.
viii) Adopt the use of Information Technology (IT)to automate processes including but
not limited to: Forensic Analysis, Merger Simulation, Econometrics, Research
Analysis, Human Resource, Knowledge Management, Audit, Financial
Management and Procurement.
ix) Deepen capacity in resource mobilization for organizational sustainability.
x) Develop career progression framework and operationalize the Succession and
Talent
Management guidelines.
xi) Review the organization structure in the light of CAK's mandate and the scope of
responsibilities envisaged.
xii) Develop a Business Continuity Management Framework.
xiii) Build staff capacity in research and various specialization areas.
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CHAPTER 3
ENVIRONMENTAL REVIEW
3.1 Introduction
The Authority's Strategic Plan environmental review has been conducted within a
global context which is experiencing protectionism in some economies and similarly a
push for Regional Integration through Regional Economic Communities(RECs),
mostly in developing countries. The Authority's environment is defined by a number of
issues that include:
• Need to effectively undertake its mandate in a growing economy – there is need
to build capacity for the Authority to pro actively gather intelligence that will
inform its advocacy efforts, consumer protection activities and enforcement
undertakings.
• Emergence of knowledge management and innovation as key strategic assets –
exploring ways of managing and institutionalize knowledge gained as the
institution grows and becoming innovative in executing its mandate within the
available resource constraints.
• Enabling businesses – Governments globally are pu ing in place measures to
a ract investments and foster cross border trade. The Authority needs to execute
its organization mandate in a manner that will not restrict investments through
enforcement of rigid regulatory regime while ensuring consumer welfare is
championed and protected.
• Rising Consumer expectations, the power of technology and social media –
creating an agile organization that is in touch with consumer expectations, taps
into the power of technology and new media frontiers to increase awareness of
its mandate and continuously gather intelligence that enables the Authority to
pro actively execute its mandate.
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The Authority has to execute its mandate in the devolved system of Government.
Similarly the push for the integration of the East African Countries under a common
market (East African Community) has resulted in formation of the East African
Community Competition Authority (EACCA) to address cross-border and multi-
jurisdictional competition cases. The Authority going forward has to seek ways of
aligning its instruments to multi-RECs (COMESA and EAC) competition rules.
The Kenyan economy has continued to grow steadily at an annual rate of between 5 and
6% and is reported to be among the fastest growing economy in the EAC region. During
the previous Plan's period, the World Economies were just beginning to recover from
the global financial crisis whose negative impact was felt, though minimally, in the
developing economies. At the national level, Kenya has registered positive growth in
her economy and this has had a positive impact on the operation of the Authority, thus
creating conducive investment for Foreign Direct Investments (FDIs). Any reduction in
economic activities fundamentally affects the quantum of government revenue,
constraining the exchequer budgetary allocations hence affecting the Authority's
budgetary allocation and its operations, in turn. With the expansion in the operations of
the regional blocs through the tripartite (EAC, COMESA and SADC), the Authority has
an availed opportunity to integrate and operate within these established and expanded
regional blocs.
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The 21st century has witnessed increased recognition of the importance of the
environment to economic development. The alarming rate of environmental
destruction as a result of population pressure, serious soil erosion, pressure on natural
resources, massive deforestation, climate change and global warming, pollution in its
various forms among others, necessitated the Government of Kenya to establish the
National Environmental Management Authority (NEMA) and Climate Change
Directorate.
Changes in Law and legislation have an impact on the operating environment of the
Authority. The devolved system of governance and the amendments of the
Competition Act have necessitated the need to review and realign the Authority's
strategic activities. Other notable changes in the recent times that have impacted on the
Authority's operations are; The Competition Act Amendment in2016, Public
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Procurement &Asset Disposal Act (PPDA 2015) and Public Financial Management
(PFM) Act of 2012 which will require the Authority to be agile to adapt to legal
provisions of various legislations within which it operates.
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The Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis appraises the
status quo as a predicate to determining planning goals and developing developmental
priorities. It involves specifying the objectives of the organization and identifying the
internal factors (Strengths and Weaknesses) and external factors (Opportunities and
Threats) that are favourable and unfavourable to achieve those objectives. The
Authority's internal Strengths and Weaknesses and external Opportunities and Threats
have been evaluated as tabled below;
INTERNAL EXTERNAL
· Authority’s independence to implement · Opportunity to harmonize its
and administer its own activities in line Competition Law with other RECs.
with the Act. · Develop subsidiary competition
· Modern Competition law in place. legislations.
· Staff with good working knowledge and · Provide advisory services to Government
OPPORTUNITIES
· Low v isibility and awareness of the · No control over the timeliness and
THREATS
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A Stakeholder Analysis assists the Authority to analyse and manage the expectations
of its stakeholders to effectively execute its mandate. The Authority's stakeholders
listed below play a critical role in facilitating the effective implementation of its
activities. The table below defines the role and type of interaction required with each
stakeholder;
Board Provide oversight, and strategic direction. Advise, Consult & Sensitize.
Judiciary Interpret the law and make informed decisions. Advise and Sensitize.
The State Law Office Provide legal advice. Collaborate & Consult.
Office of the Director of Prosecution Interpret and make informed decisions. Collaborate.
(ODPP)
Legal Firms Provide legal advice to business community & consumers; Advise & Collaborate.
Represent the Authority in terms of litigation.
Sector Regulators Ensuring consistent regulation outcome. Inform, Consult & Collaborate.
Development Partners Provide technical and financial support. Consult & Collaborate.
.
Suppliers and Service Providers Facilitate the Authority’s operations Inform, Consult, Sensitize & Collaborate.
Consumer Bodies Partner with the Authority to champion consumer interests. Inform, Consult, Sensitize & Collaborate.
Other Competition Agencies Handling cross border infractions, Peer Review. Inform, Consult & Collaborate.
Regional and International Networks Share Best Practices, Inform Guidelines formulations. Inform, Consult & Collaborate.
Develop curriculum focusing on Competition ma ers, Inform on
Institutions of Higher Learning Research, Awareness creation. Inform, Consult & Collaborate.
Other Ministries and Government Assist in formulating policies and creating conducive Advise & Collaborate.
Agencies environment for trade and execution of the Authority’s mandate.
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CHAPTER 4
STRATEGIC THEMES, OBJECTIVES AND ACTIVITIES
FOR THE PERIOD 2017/18 – 2020/2021
4.1 INTRODUCTION
The strategic themes guiding the future direction of the Authority during the second
Strategic Plan period are:
i) Deliver Effective Enforcement
ii) Consumer Protection.
iii) Planning, Research and Quality Assurance
iv) Visibility and Corporate Image.
v) Organizational Sustainability.
The Authority seeks to effectively use the law and subsidiary legislation to regulate
mergers and acquisitions, investigate restrictive trade practices such as; Abuse of
Dominance (AoD) and Buyer Power, cartels and provide remedies to enable growth of
an inclusive economy with competitive markets.
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The Authority's mandate of protecting consumers from unfair and misleading market
conduct will be achieved by effective application of the law and subsidiary legislation
to investigate and redress consumer related infractions, as well as sensitizing the
consumers and Business Community regarding their rights and obligations.
Collaboration with government agencies and consumer bodies is an important aspect
in the pursuit of consumer protection for effective investigations and deterrence of
infractions. Development and review of rules and guidelines used to assess practices
that infringe on consumer rights will increase efficiency, effectiveness and
predictability of the Authority's decisions resulting to increased consumer welfare.
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In order to realize the objectives laid out in this Strategic Plan, economic analysis of the
programs and projects planned is necessary to guide prioritization and resources
allocation. In addition to this monitoring, evaluating and reviewing the
implementation of the Authority's plans will ensure that the vision is realized. Market
enquiries and research studies will guide the advocacy programs adopted by the
Authority. Further, co-ordination of the risk management framework, establishment of
standards, systems and procedures for quality assurance and business continuity
management processes will be highlighted in order to support the realization of this
strategic plan.
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The aim of this theme is to create a competition culture which is critical to the success of
the Authority in executing its mandate. Creation of a competition culture involves
improving awareness of the benefits accrued by having a fair competitive market.
Competition culture has to therefore be fostered among consumers, businesses, and
public institutions. The Authority aims to adopt an approach that partners with
various stakeholders to create awareness of its role in fostering the competition culture.
Below are the strategic objectives and related activities for the theme:
i) To broaden revenue streams.
a) Enhance collection of fees and penalties and continuously identify potential
internal revenue streams.
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b) Budget and engage with the National Treasury for increased funding.
c) Engage with development partners to increase the funding pool.
Appendix II contains the implementation matrix that outlines the Strategic themes,
Objectives and Activities with associated baselines, output indicators, annual targets,
budgets and responsible Authority's departments.
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CHAPTER 5
REVENUE SOURCES AND IMPLEMENTATION COST
5.1 Estimated Budget Expenditure
To achieve the Authority's strategic objectives, various key activities have been
identified for the reviewed Strategic Plan period (2017/18 – 2020/21). The budget
estimates for each objective and related activities are detailed in the annexed
implementation matrix(AppendixII). The total amount projected for the period is
Kshs. 3,186.95 million financed through forecasted external and internal revenue
sources. The table below illustrates the estimated budget for each strategic objective.
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The Exchequer recurrent budget is estimated to increase annually over the next two
years of the reviewed Strategic Plan period. The development budget in the next two
years is expected to reduce following the completion of the ICT projects. The indicated
amounts are sufficient to maintain the existing ICT infrastructure and cater for the
purchase of computers and furniture to ensure that the Authority's growing workforce
has necessary tools to deliver on its mandate. Penalties are projected to increase due to
the increased enforcement and compliance levels in the economy, while merger filing
fees are expected to stagnate due to the revision of the Merger Threshold guidelines.
Further, it is expected that the development partners shall continue supporting
enforcement initiatives through various programs.
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CHAPTER 6
MONITORING AND EVALUATION
The Authority needs to review progress against targets set in the implementation
matrix on a quarterly, bi-annual and annual basis to inform planning and budgeting for
the subsequent financial years. A Monitoring and Evaluation (M&E) Framework has
been developed and is used to continuously measure the performance of the Authority.
The M&E framework identifies routine indicators that are monitored and used together
with the Impact Evaluation Framework to measure impact of the Authority's activities.
For the Strategic Plan's period the Results Matrix helps measure the outcomes of the
Authority's activities. The Results Matrix is used to monitor and evaluate the broader
performance and achievements of the Authority to meet its overall mandate with
emphasis on the six strategic themes.
The annexed Implementation Matrix guides the development of Annual Work Plans
and budgets. It is also used to track and monitor implementation of work-plan activities
on a quarterly, semi-annual and annual basis.
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Theme Result Type of information Performance Outcome
Question Indicator(s)
Deliver Effective Increased · Anti-competitive · Have all the · % ofcases
Enforcement deterrence on anti- cases concluded. received cases concluded.
competitive · Leniency been concluded? · Decrease in
practices. applications. · Are cases number of days
· Exemptions concluded in a concluding a
applications. timely manner? merger
· Mergers finalized. application.
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Theme Result Type of information Performance Outcome
Question Indicator(s)
Creation and · Standards and · Has the · Standards and
strengthening of rules established. environment been Capacity
consumer bodies · Capacity building created for established for
promoted. undertaken. establishment of creation of
consumer bodies? consumer
bodies.
Planning, Regional and · Advocacy · Is there an · No. of advisory
Research and international initiatives. increase in opinions
Quality integration · Advisory opinions. advisory opinions sought and
Assurance deepened through · Position papers. given? given.
expanded market · Is there an · % of sought
frontiers. increase in the opinions
number of adopted.
advisory opinions · No. of position
and position papers done.
papers?
· Partnerships · Have established · Harmonized
formed. partnerships REC laws.
· Sector studies. improved · % reduction in
· Advocacy cooperation? inter-agency
initiatives. and cross-
border cases.
· Increased
regional and
international
cooperation.
Authority’s · Market inquiries. · Has the Authority’s · % increase in the
understanding of · Subscribed application of market application of
sectoral markets information. information improved? market
deepened. information.
· % increase in the
subscribed
information.
· Improved
timelines in
offering informed
advisory opinions.
Monitoring & · M&E indicators. · Is information · % increase in
Evaluation enhanced · Impact indicators. generated through meeting planned
M&E being used to targets.
inform decision
making and planning?
Authority’s · Knowledge categories. · Has access and use of · Faster
Knowledge knowledge improved? dissemination of
Management advanced information.
Enhanced efficiency · ISO Standard · Has efficiency of our · Effective and
and adherence to · Procedures operations been efficient QMS
timelines and · Documented enhanced · Enhance service
improved service information maintained · Has service delivery delivery
delivery and retained been improved · Improved
· Documented risks and · Has there been processes
opportunities continual
improvement of our
processes
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Baseline data across all the strategic objectives is required to reflect the situation before
the Authority's interventions, to monitor progress, and for final impact evaluation at the
end of the Strategic Plan period. To ensure the Results Matrix is effective, baseline
information for the results indicators needs to be collected, analysed and reported.
Baseline data for the results indicators can be obtained from the review of Annual,
Consultancy and Survey reports. This information should be documented before the
start of the Strategic Plan period or at the beginning of the first year of the Strategic Plan.
6.3 Reporting
The Board, as the custodian of the Strategic Plan, will review progress on the
implementation of the Strategic Plan's key activities. Quarterly review meetings will be
held between the Management and the Board out of which the Board will receive and
review progress reports from the Management, indicating overall progress made on
key strategic objectives.
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The Results Matrix evaluates the outcomes of the Authority's operations as it focuses on
the 'so what' question in M&E. This will address the accountability concerns of
stakeholders, informs Managers on progress towards stated objectives, and provides
information on necessary remedial action required in policies and approaches. The
matrix also includes the baseline or the present status relative to the outcome that the
Authority strives to achieve. It sets the current condition against which future change
can be tracked and assessed.
The assessment of outcomes based on the six thematic areas in the Results Matrix is
illustrated in Appendix I. The method of assessment will help determine whether the
results have been achieved. These methods will include:
a) Stakeholder discussion groups to analyse information, identify lessons
learnt, make recommendations and assess changes brought by the
Authority.
b) Surveys to assess satisfactions and awareness levels.
c) If required, Thematic studies to provide further information will be
undertaken through Consultancies or Partner institutions.
d) Review and analyse data from secondary sources.
6.5 Review
A mid-term review of the Strategic Plan informs the expenditure plans for the final
implementation period, including any adjustments on activities that take account of
changes in the environment. A review may be triggered by:
These factors can lead to refining or revising the strategic objectives, activities and
budgets accordingly. An end-term review will evaluate the final performance of
Authority in achieving the objectives of the Strategic Plan.
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APPENDIX I: RESULTS MATRIX
Theme Outcome Indicator(s) Baseline 2017/18 2018/19 2019/20 2020/21 Assessment Method
Delivering % of received cases concluded. 90% · RTP cases - 77.7% Document Review, field
Effective · Merger applications visit.
Enforcement - 98.9%
Decrease in no. of days concluding a 45 days · Notifiable merger – Document Review, field
merger application. 40 visit.
· Exclusions - 8
% compliance level of cases surveyed. 0 4 Compliance visits.
Operational forms and guidelines 20 · Merger Threshold Document Review.
adopted. Rules
· Block Exemption
Guidelines
· Search and Seizure
Guidelines
· Consolidated
Guidelines on
Substantive
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Assessment of
mergers
· Competition Buyer
Power Rules
· Merger application
form revised
· Buyer Power
Guidelines
Buyer Power Guidelines formulated 0 1 Document Review.
and adopted
% of Buyer Power cases concluded 0 3 cases on-going, none Document Review.
completed
Strategic Plan (2017/2018 – 2020/2021)
Theme Outcome Indicator(s) Baseline 2017/18 2018/19 2019/20 2020/21 Assessment Method
Consumer % of received cases concluded. 60% 66% of the cases Document Review,
Protection concluded Surveys.
% increase in Business Community 40% CSS survey in FY Document Review,
awareness. 2018/19 Surveys.
% increase in consumer awareness. 40% CSS survey in FY Surveys.
2018/19
Operational forms and guidelines 10 · Consumer Document Review.
adopted. Protection
Guidelines
· Guidelines on
engaging with
consumer
organizations
· Consumer
complaint form
revised
Standards and Capacity established 0 Consumer Bodies Document Review, field
for creation of consumer bodies. Engagement visit.
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Framework developed
Planning, Advisory opinions sought and given. 15 6 advisory opinions Document Review.
Research % of advisory opinions adopted. 60% given – Uber, Tea,
Quality Professional Services,
Assurance Retail, Telcom and
Anti-counterfeit goods
Harmonized REC laws. 0 Harmonized our laws Document Review.
Increased collaboration activities. in line with those of
Increased regional & international EAC and COMESA to
cooperation. avoid incidences of dual
notification of mergers
amongst other
provisions
Strategic Plan (2017/2018 – 2020/2021)
Theme Outcome Indicator(s) Baseline 2017/18 2018/19 2019/20 2020/21 Assessment Method
Improved timelines in offering 14 days Offered in less than 10 Document Review.
informed advisory opinions. days
Improved achievement of planned 60% 62.6% Document Review.
targets.
Faster dissemination of information 14 days Dissemination of USSD Document Review.
when requested. and Banking Phase II
study done within the
requisite time period
Improved mitigation of the 7 risks 4 strategic risks Document review
Authority’s risks. identified through audits.
Improved recovery a er 0 Business continuity Business Impact
implementation of the Business management Analysis Templates
Continuity Plans framework established
and Business Impact
Analysis plans
developed for each
functional area
Increased staff awareness of BCM 0 25 staff trained Document Review.
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Improved corruption risk mitigation 4 4 reports prepared Document Review.
% of staff sensitized on corruption and 100% 66 staff members
anti-fraud sensitized by EACC
Visibility and % increase in customer satisfaction. 71.1% CSS survey in FY Surveys.
Corporate 2018/19
Image. % increase in corporate visibility 35% CSS survey in FY Document Review.
geographically. 2018/19
Increase of the Authority’s positive 33 9 TV adverts Media monitoring
coverage in the media. mentions/ 13 Radio shows reports review.
Hits on Print Media -
Authority’s approximately 38
stories in instances
the media
per annum.
Strategic Plan (2017/2018 – 2020/2021)
Theme Outcome Indicator(s) Baseline 2017/18 2018/19 2019/20 2020/21 Assessment Method
Organizational Improved ability to fulfil budgetary 340M The absorption rate was Financial reports review.
Sustainability. requirements. 71%
% Reduction of operational costs. 0 Full automation will be Financial reports review.
in FY2018/19
Increased performance 80% Reduced number of Annual reports review.
days in completing
mergers from 42 to 38,
Consumer protection
cases from 120 to 90.
% of targets achieved against 2.9103 Achieved a weighted Performance Contract
Performance Contract. average score of 3.1341 Weighted Average Score
% Increase in employee satisfaction 74% Employee Satisfaction Performance survey.
levels. Survey to be done in
2018/2019
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Strategic Plan (2017/2018 – 2020/2021)
APPENDIX II : IMPLEMENTATION MATRIXII
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abuse of dominance
· Carry out joint investigations with
PPRA focusing on tendering processes 1
regarding construction and
pharmaceuticals 1
· Conduct investigations on the supply
chain of the Iron & Steel Sector
(2020/2021)
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Baseline Annual Target Budget Responsibility
Indicators 18/19 19/20 20/21 (Kshs.
Million)
· Regulate Mergers and Acquisitions Number of mergers received, 497 15.5 M&A.
(Approval & exclusions of mergers and analysed and concluded.
investigation of mergers consummated Number of mergers finalized
without approval). Percentage completion of
cases as per statutory
· Inculcate economic analysis on mergers timelines. 100%
applications in liaison with Policy and
Research
· Develop and implement rules and Rules and guidelines 0 8.2 E&C, M&A.
guidelines that facilitate enforcement of approved and adopted
market structures which impede effective (Block exemptions, mergers
competition. to be excluded, among
others).
· Review merger guidelines, form and rules
to incorporate S tage Two (II) investigations
for mergers raising competition concerns.
To enhance · Conduct market compliance checks. Number of checks 4 4 4 4 4 4 M&A, E&C.
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market · Conduct joint review of BRS/CAK data for undertaken (Report).
surveillance screening of mergers consummated
without approval and investigations
· Initiate cartels investigations (suo mo o) by
deepening intelligence gathering resources 0 1
Enhance the number of RTP cases through Number of reports 0 1 1 1 1 11 E&C, M&A,
intelligence and screening reports. Legal.
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Baseline Annual Target Budget Responsibility
Indicators 18/19 19/20 20/21 (Kshs.
Million)
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others) Percentage of
stakeholders reached.
Areas sensitized.
Develop competition and consumer Protection Published Journal 1 1 1 6 All
Journal and online content on topical
Competition issues
Develop and operationalize the Rules to the Act. Enacted Rules. 0 1 1 3 Legal.
Coordinate t he Authority’s representation before Number of Rulings, 1 17.5 Legal.
the Tribunal and Courts of Law. Judgments and/or
Consent Orders.
Percentage success rate
against total rulings.
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Baseline Annual Target Budget Responsibility
Indicators 18/19 19/20 20/21 (Kshs.
Million)
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Strategic Plan (2017/2018 – 2020/2021)
THEME 2: CONSUMER PROTECTION
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
To increase Investigate and conclude consumer related Number of days taken 120 90 47 CPD
deterrence on unfair cases. to finalize cases.
and misleading · Conduct investigations relating to 60% 100% 100% 100%
market practices. unconscionable conduct/disclosure of full Percentage of cases
information in housing contracts completed.
specifically for funding by banking
institutions (mortgages)
· Initiate cases on product information
standards regarding consumer products
such as foodstuffs targeting children
· Investigate consumer issues relating to false
or misleading representation in the juices,
edible oils, wheat/maize flour and brown
breads.
Collaborate with sector regulators on consumer · Number of finalized 3 8 CPD, Legal,
40 of 49
protection and information sharing. cases PPR
· Percentage of cases 100% 100% 100% 100%
completed.
Collaborate with The National Treasury in · Institutional 0 100% 100% 6 CPD, Legal,
developing and implementing a comprehensive framework PPR
consumer information sharing framework. established
· Strategy developed
and approved
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
Sensitize Business Community on the Consumer Percentage increase of 40% 75% 80% 90% 6 CPD
Protection and provisions of the Act. awareness (Awareness
· Sensitize Kenya Bankers Association (KBA) survey).
· Sensitize Kenya Manufacturers Association (KMA) Percentage of targeted 0 80% 90% 100%
· Sensitize associations in the insurance sector business reached.
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transparency, · Review and revise consumer protection
accountability and guidelines
predictability of Develop templates and toolkits on consumer Toolkits and 0 1 1 1 1 CPD.
consumer ma ers protection. Templates approved.
To promote creation Develop and disseminate standards and Rules. Standard and Rules 0 0 0 1 3 CPD, Legal.
and strengthening of approved.
consumer bodies Promote creation, build capacity and Number of reports on 1 1 1 1 5.5 CPD, PPR
collaborate with consumer bodies. consumer bodies
collaborations.
Strategic Plan (2017/2018 – 2020/2021)
THEME 3: PLANNING, RESEARCH AND QUALITY ASSURANCE
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
To deepen Conduct studies in prioritized sectors Sector study reports. 0 1 1 50 PPR
competition in including those identified in Product
the national Market Regulations “Dismantling
Regulatory Obstacles to Competition”
markets and
Report such as; Agriculture, E -commerce,
enhance
Electricity, Fintech , Professional Services,
integration Procurement, Insurance and Transport and
regionally and other sectors as identified by the Authority.
Internationally. Dismantle at least one anti-competitive Number of advisory 0 1 1 1 4 PPR
regulatory obstacle annually in selected opinions sought and
sectors to unlock growth potential in Kenya. given.
Establish suitable Advocacy and Number of counties 7 6 6 6 20 PPR
Communication instruments for key reached and
stakeholders at the National and County participating.
levels e.g. outreach strategy for anti- cartel No. of regulators
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sensitization; develop a network of market participating in
regulators, guidelines for developing pro- network.
competitive regulations and evaluating the
impact of county and national legislations.
Develop an analytical framework for Analytical 0 1 0.5 PPR, Legal.
preparing advisory opinions and Framework
developing policy briefs for various sectors. approved.
Prepare Position Papers on various Number of position 4 2 3 3 0.5 PPR
proposed policies, Bills and legislations. papers/ Advisory
opinions (Reports).
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
Develop targeted programs and activities for Number of sessions. 0 1 1 1 9 PPR, Legal.
capacity building of stakeholders on competition Percentage of
issues. stakeholders sensitized as
per plan. 100% 100% 100%
Engage with institutions of higher learning to Number of partnerships 0 2 2 PPR
develop curricula on competition ma ers. with institutions.
Number of competition -
related courses offered.
Enhance surveillance in various sector regulators in Prepare briefing reports 0 1 1 1 1.5 PPR, CPD.
the economy for potential non-competitive on sector regulations and
regulations and policies. policies.
Develop and implement frameworks with RECs to Number of cooperation 1 1 1 5 PPR, M&A, E&C,
facilitate harmonization of laws and regulations for frameworks signed. Legal.
cross border competition and consumer issues.
Participate / undertake advocacy initiatives and Advocacy initiative 3 1 1 1 15 PPR, M&A, E&C.
inform rules and regulations of new competition reports.
agencies in the region. Advocacy and
Communication
Strategies implemented
Participate in international forums and adopt Number of toolkits 1 1 40 PPR, C&ER.
lessons learnt to entrench international best developed Conference/
43 of 49
practices at the Authority. Workshop Reports.
Develop and Implement Co-operation Number of MOUs signed. 6 2 2 2 2 PPR, E&C, Legal,
frameworks/MOUs. Percentage of work-plan M&A.
(PPRA, KMA, KLRC& ERC, among others) activities implemented. 100% 100% 100%
Collaborate in the establishment of Centre for Centre established and 0 1 6.75 PPR.
Competition Law and Economic Policy (CCLEP). operationalized.
Develop market inquiry guidelines. Market inquiry guidelines 0 1 0.5 PPR, Legal.
adopted.
Carry out prioritized market inquires/ research in Market Inquiry reports. 7 1 1 48 PPR, M&A Legal.
the different sectors,e.g. Health, and Maritime ,
Digital platforms such as Fintech and the sharing
economy.
Engage with research firms and academia to Approved Purchase 2 1 1 1 8 PPR, M&A.
improve access to research material for prioritized framework.
sectors. Number of subscriptions.
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
To enhance Conduct impact assessment on the Impact Assessment 1 1 1 1 18.2 PPR.
Monitoring & Authority’s decisions on selected sectors. Report.
Evaluation. Evaluate achievements of the Authority’s M&E reports. 1 1 1 1 5 PPR.
annual activities, Performance Contract and
Strategic Plan’s outcomes.
Monitor legislation (National and County) M&E reports. 0 1 1 1 1 Legal, PPR.
and provide advisory opinion on Number of advisory
competition ma ers. opinions given.
To advance the Harness/Capture tacit and explicit Number of interviews 0 4 4 4 6 PPR.
Authority’s Internal knowledge from staff and other sources. conducted. 0
and External Number of video
Knowledge clips.
Management. Number of back to
office reports.
Number of plenary
sessions held.
Set up infrastructure
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to capture tacit
knowledge.
Avail data and
information for
sharing.
Increased accessibility
and utilization of
stored
data/information.
Set up a reservoir of
knowledge.
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
Develop and implement a framework for Ease of Accessibility. 0 1 1 1 6 PPR
storage, dissemination, application and Usage:
retention of harnessed knowledge. No. of logs/requests.
To enhance Review and Implement the institutional risk Updated risk register. 1 1 1 1 8.7 RQA, IA.
institutional risk management framework/policy based on Approved risk
management ISO 9001:2015 and ISO 31000. framework.
practices. Risk assessment
reports.
Conduct periodic comprehensive Risk reports. 1 1 1 1 2.5 IA.
assessments of institutional risks.
Prepare policies and procedures to define Reviewed and 1 1 1 1 2 RQA
the minimum levels of safety, availability approved policies and
and continuity of the Authority’s operations procedures.
45 of 49
threats) that expose the Authority continuity plans
developed
Sensitize staff on issues related to fraud and Number of staff 62 99 3 RQA, IA.
corruption sensitized
Investigate and report on ma ers related to % Cases investigated and 100% 100% 100% 3 RQA, IA.
fraud concluded and reports
submi ed
Review of the anti-corruption policy Reviewed and approved 1 3 RQA, IA.
policy
Strategic Plan (2017/2018 – 2020/2021)
THEME 4 : VISIBILITY AND CORPORATE IMAGE
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
To increase and Implement the Communication reports – 50 PPR, C&ER,
improve targeted communication strategy. blogs, press releases. 15 15 20 20 CPD.
outreach and Interview opportunities in
awareness. (Undertake awareness mass media, with a bias
activities, generate IEC for local TV and radio 0 10 10 10
materials such as blogs,
stations.
opinion pieces,
Number of counties 14 7 7 7
reached.
Percentage customer 71.12% 90
satisfaction.
Social media output
growth. 0 50% 100% 100%
To enhance Undertake Annual CSR Number of reports on CSR 2 3 3 3 4 C&ER.
corporate visibility initiatives. activities, Essay writing,
(locally, regionally, Tree planting
and Participate in workshops & Workshop/Conference 1 0 0 1 10 PPR, C&ER.
internationally). other industry, sector, Report.
regional and international
conferences and entrench Hold an International
Competition Network
learnings in the Authority.
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conference in Kenya.
Produce and disseminate IEC Number of opinion 0 5 6 6 19.95 PPR,
material through traditional articles in key national C&ER.
& new media channels with papers and international
targeted messages about the publications.
Dissemination of annual 1 1 1 1
Authority’s mandate.
report.
Number of Television & 3 5 5 5
Radio Adverts
Newsle ers 2 2 2 2
To strengthen Building capacity of Number of journalists’ 0 3 3 3 10 C&ER.
media relations. journalists in competition law trained
and policy by sponsoring
them to participate in the Number of articles on
Annual Capacity Building competition law and 0 30 40 50
Workshop policy published
Budget and lobby for increased % increase in funding 340M (2017/1 10% 10% 0 Finance
funding from the National 8 –380M)
Treasury 10%
Growth
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resources measures operational expenses
To improve Leverage on ICT - Harness % of automated processes 70% 80% 85% 90% 80 ICT, M&A,
productivity and technology to improve efficiency
efficiency of internal processes, operations % reduction in Lead time 0 10% 10% 10% PPR, IA, SCM ,
and procedures Finance
(ERP, Case Management, Mobile
Applications, Governance Risk
Compliance – (CAATs and
Work-papers), Forensic analysis,
DRP, BCP among others)
Strategic Plan (2017/2018 – 2020/2021)
Strategic Objective Key Activities Output Indicators Baseline Annual Target Budget Responsibility
18/19 19/20 20/21 (Kshs.
Million)
Improve on Research infrastructures % completion of Research and 0 100% 100% 100% 5 PPR, ICT
for Data Analysis and sharing Analysis of cases
Review and implement internal as well % of targets achieved against 60% 70% 80% 80% 2 HRA, PPR, IA
as statutory performance management planned
and quality management systems % of performance achieved 80% 100% 100% 100%
Internal and external audit reports
3 3 3 3
Inculcate a culture of self-assessment Audit reports 9 9 9 9 1 DG, IA
and continuous improvement of the % level of compliance 100% 100% 100%
various departments and units within
the Authority External audit report 1
Develop and review operational and Approved manuals 0 1 1 1 4 Finance, Proc.
procedure manuals in line the relevant (Finance, Procurement, Internal
ISO standard Audit)
External Audit Certificate 1
To enhance Develop, review and implement Approved and implemented 26 20 HR&A
institutional organizational policies policies
capacity Implement initiatives that create Engagement activities 2 3 3 3 689 HR&A
a conducive work environment conducted/reports
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(Employee engagements, Satisfaction levels 73.7%
wellness, satisfaction surveys, Own office accommodation 0 1
Physical environment)
Review the Authority’s Approved Organization 1 1 7.90 HR&A
Organization Structure & Structure with clear reporting
develop competency based Jobs lines
descriptions aligned to the
structure and ensure merit based
recruitment
Develop, review and implement Trainings implemented 1,180 HR&A
human resource interventions Capacity development reports 1 1 1
aimed at a racting, developing Schemes and benefits
and retaining talent
Strategic Plan (2017/2018 – 2020/2021)
APPENDIX III: MONITORING & EVALUATION REPORTING TEMPLATE
STRATEGIC THEME:
Implementation Year:
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Strategic Plan (2017/2018 – 2020/2021)