Kenya Competition Authority Calls for Stronger Digital Economy Regulations in Africa
According to Mr. Kemei, such measures will be critical to unlocking the continent’s full digital potential while protecting content creators and fostering innovation-driven growth across Africa.
The Competition Authority of Kenya has underscored the need for new regulatory approaches to address competition and consumer protection challenges emerging in the digital economy. The remarks were made during the 19th Annual Competition Law, Economics, & Policy Conference held in Cape Town, South Africa, and organized by the Competition Commission of South Africa.
Speaking as one of the panelists, Director-General Kemei David noted that fast-evolving markets such as online retail and digital finance require authorities to look beyond traditional tools. He explained that non-conventional approaches like innovation, investment trends, and future pricing are increasingly vital to ensuring fair competition and consumer welfare.
Mr. Kemei highlighted that the Authority conducts market inquiries and studies to better understand market structures and identify risks to competition and consumer protection. He cited a landmark 2015 study that led to the reduction of USSD charges from KES 10 to KES 1, a 90% drop that delivered direct benefits to consumers.
As an example of adaptive policymaking, Mr. Kemei shared that Kenya is currently amending its Competition Act to extend the Authority’s oversight to digital activities. The reform aims to encourage innovation while preventing unchecked market dominance by powerful digital platforms.
He further emphasized the importance of collaboration among African regulators to address anti-competitive practices by digital platforms operating across borders. However, he acknowledged that Africa currently faces insufficient legal safeguards for digital content and innovation, as well as a fragmented regulatory environment that discourages cross-border investment and predictability for digital businesses.
To strengthen Africa’s digital economy, Mr. Kemei outlined several recommendations: harmonizing intellectual property laws; establishing a continental intellectual property rights registry; adopting multi-agency enforcement of competition laws; strengthening enforcement mechanisms; promoting regional cooperation through the AfCFTA Competition and Digital Trade Protocols; and creating regulatory sandbox environments to test new technologies in partnership with sector regulators.
According to Mr. Kemei, such measures will be critical to unlocking the continent’s full digital potential while protecting content creators and fostering innovation-driven growth across Africa.
