GAZETTE NOTICE NO. 1182

PURSUANT to the proyisions of section 25 (3) of the Competition Act, 2010, the Competition Authority of Kenya wishes to notify the public that the Majid Al Futtaim Hypermarkets Limited (trading as Carrefour) and Two Rivers Lifestyle Centre Limited have made an application under section 25(l) of the Act for exemption of their proposed seven years lease agreement (renewable on the same terms and conditions for a further period of thirteen years) from the provisions of section A of Part III of the Act. 1. The agreement is for the purposes of the development of Two Rivers Mall situatdd in Ruaka, Nairobi. 2. In the agreement, the parties have agreed that- (a)Majid Al Futtaim Hypermarkets Limited will take up space in the Two Rivers Mall in consideration of paying rental sums and service charges; (b)the Two Rivers Lifestyle Centre Limited shall not lease to or enter into any similar arrangement with any party for the premises in a centre developed, owned or operated by it within a radius of seven and a half kilometres of the Centre for the purpose of establishing or conducting the business activity of a hypermarket, supermarket or any other similar business,- (c)Majid Al Futtaim Hypermarkets Limited undertakes not to operate any hypermarkct within a radius of five kilometres from the Centre, if such operation is likely to materially damage the viability of the business carried on from the Centre; and (d)Majid Al. Futtaim Hypermarkets Limited shall have the undisputed right to display its logo(s) on the external signage space and the dominant exterior elevations of the Centre together with an equal share of space on any free-standing signs that the Two Rivers may erect. 3. Interested parties must within thirty (30) days of the publication of this notice, submit any written representations which they wish to make concerning this application. 4. Submissions may be delivered through address: info@0k.go.ke or hand delivered between 8.00 a.m. and 5.00 pm during working days to: The Competition Authority of Kenya, Kenya Railways Headquarters, Block "D", Ground Floor, Haile Selassie Avenue, or through P.O. Box 36265-00200, Nairobi. Dated the 5th Februray, 2016. WANG'OMBE KARIUKI, Director-General.