GAZETTE NOTICE NO. 1027

PURSUANT to provisions of section 25 (3) of the Competition Act (the Act), the Competition Authority of Kenya wishes to notify the public that Nakumatt Holdings Limited (Nakumatt) and Tusker Mattresses Limited (Tuskys) have made an application under section 25 of the Act for the exemption of their proposed Management Services and Loan Agreement for a period of three (3) years. 1. The terms of the agreement are that: Tuskys shall provide management services to Nakumatt including procurement and inventory management; Tuskys shall advance a loan to Nakumatt to provide it with emergency funding which shall be used to pay some of the outstanding amounts to employees and landlords; Tuskys shall provide recurring payment guarantees to the suppliers of the target to ensure the suppliers supply stocks to the following Nakumatt's outlets: Village Market, Galleria, tikay Center, Lavington, Prestige, Mega, Highridge, Karen Crossoads, Ridgeways, Lifestyle, Embakasi, Garden City, Kitisuru, Lunga Lunga, Shujaa, Nyali, Likoni, Cinemax, Diani, Malindi, Nakuru, Kisumu City Mall, Meru, Nanyuki, Kakamega, Thika Town and Eldoret (Household); and Tuskys to engage with Nakumatt's lenders, landlords, suppliers, commercial paper holders, utility providers, service providers, employees and other creditors and stakeholders to provide comfort to them in respect of the on-going interventions to ensure continuity of Nakumatt's business. All interested parties must, within thirty (30) days of the publication of this notice, submit any written representations which they wish to make in regard to this application. Submissions may be delivered through e-mail: info@cak.go.ke or hand-delivered between 8.00 am-5.00 p.m. during working days to: The Competition Authority of Kenya, Railways HQs, Block "D" Ground Floor, Haile Selassie Avenue or through P. 0. Box 36265- 00200, Nairobi. Dated the 19th January, 2018. WANG'OMBE KARIUKI, MR/4103626 Director-General.