NAIROBI, Kenya — Gaps in Kenya’s law-making process are enabling the enactment of legislation that restricts competition and entrenches vested interests, according to a new World Bank–CAK report that calls for sweeping reforms to increase transparency and accountability in Parliament.
The report notes that while Kenya introduced regulatory impact assessments (RIAs) over a decade ago, they apply only to implementing regulations—leaving primary legislation, which carries the most economic impact, outside mandatory scrutiny.
“This loophole allows anti-competitive provisions to be introduced through Acts of Parliament without systematic economic analysis,” the report states.
Legal experts argue that the absence of RIA requirements for legislation has contributed to laws that restrict market entry, impose licensing burdens, or empower monopolies in sectors such as sugar, fertilisers, telecommunications, and transport.
Kenya also lacks rules governing interactions between lobbyists, interest groups, and policymakers—an omission the report describes as a risk for undue influence and policy capture.
The report urges Parliament to amend the Statutory Instruments Act to extend RIA requirements to Bills before the House.
It also calls for vigorous enforcement of the Conflict of Interest Act, enacted in 2025, including strict asset declaration and publication of meetings between legislators and lobbying entities.
CAK argues that strengthening policymaking safeguards is central to protecting competition. “Rules that restrict entry or reinforce dominance often originate from legislative processes that lack transparency,” said CAK chairperson Shilenje Kang’ara.
Judiciary watchers say courts may increasingly be called upon to review the constitutionality of laws passed without adequate transparency measures. In recent years, Kenyan courts have overturned laws for procedural lapses, including a lack of public participation.
The report warns that unless Kenya urgently strengthens its law-making safeguards, it risks further entrenching monopoly power, reducing investment flows, and undermining public confidence in state institutions
