Kenya: The Competition Authority of Kenya (CAK) has recommended that Titus Naikuni stops chairing the Technical Committee of the East Africa Portland Cement Company (EAPCC) board, citing the risk that his position poses to the firm's strategic leadership in light of the fact that he represents Lafarge, which has a controlling stake in the rival Bamburi Cement.
The competition watchdog says that Lafarge's two board seats and control of strategic committees at the EAPCC amounts to anti-competitive behaviour that needs to be reviewed. Naikuni chairs the Technical Committee of the Portland board while lawyer Hamish Keith, another representative of Lafarge, is the chair of the Tender and Procurement Oversight Committee.
The authority has concluded that Lafarge's sizeable shareholding in Kenya's leading cement makers, Bamburi and the EAPCC gives it control of more than half of Kenya's cement market and amounts to monopolistic behaviour and undue concentration of economic power.
"The authority was of the view that this high market share and directorship of Lafarge in key strategic committees (tender and procurement and technical committees) at EAPCC exhibited features of unwarranted concentration of economic power," said the CAK in its 2013 annual report. The regulator made the recommendation in response to Industrialisation principal secretary Wilson Songa's December petition over Lafarge's dominance of Kenya's cement market that is linked to the French firm's multiple ownership of cement makers and its representation on Bamburi and EAPCC boards.
The move follows Songa's previous attempt to investigate directors at the EAPCC following a chaotic annual general meeting in late 2013.
