No person, alone or with others, may implement a merger to which Part IV applies unless the Authority has approved it, and then only in accordance with any conditions attached (section 42(2)). A merger carried out without an authorising order has no legal effect and its contractual obligations are unenforceable (section 42(3)); paying the full purchase price counts as implementation, while a down payment of up to twenty per cent does not (section 42(4)). Contravention is an offence punishable by up to five years' imprisonment or a fine of ten million shillings or both, and the Authority may add a financial penalty of as much as a tenth of the prior year's gross Kenyan turnover (section 42(5) and (6)).
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.