KEBS seeks tougher rules on imported and locally made goods as MPs review drafts

MPs tour KNTC's warehouses in Mombasa to inspect the shipment of rice. [File, Standard]

The Kenya Bureau of Standards (KEBS) is pushing for stronger regulation of imported and locally manufactured products, as Parliament scrutinises draft rules meant to close gaps in the country’s standards and quality control system.

The four draft regulations cover metrology, testing and designation of laboratories, product certification, and the handling of conditionally released and rejected imports. They are undergoing pre-publication scrutiny by the National Assembly Committee on Delegated Legislation, which has asked for amendments to some provisions before they are published.

During a tour to Mombasa recently, the Committee chairman Samuel Chepkonga said that scrutiny was needed to ensure the rules comply with the Constitution and the laws on delegated legislation.

“We have considered the draft regulations, before they are published, and we have agreed on a number of areas that need to be amended before publication,” he said.

"Some of the regulations now governing standards date back to 1977, before the Standards Act was enacted, and no longer suit an era of rapid technological and trade change," he said.

“We are seeking to replace those outdated regulations to keep pace with global technological advancements.”

 Chepkonga said the new framework would tighten controls on imports, citing past cases in which goods that failed Kenyan standards had to be destroyed. “For instance, imported sugar that failed to meet Kenyan standards has previously been destroyed, and we want to tighten these standards to prevent sub-standard imports from entering the country,” he said.

Under the rules on conditionally released and rejected imports, KEBS would set clearer criteria for releasing some consignments pending testing. Importers would have to provide an approved warehouse and a clean compliance record, along with a bank guarantee equal to five per cent of the approved customs value, valid for six months. Non-compliant goods could face supervised rework, destruction or re-export.

The certification rules would replace the 1977 framework and provide for both the mandatory Standardisation Mark and the voluntary Diamond Mark of Quality. They would create a public register of certified products and strengthen KEBS powers to halt the sale or distribution of non-compliant goods, order recalls and suspend the use of certification marks.

National Standards Council chairman Chris Wamalwa said the reforms would ensure that imported and locally made goods meet set standards and would strengthen consumer protection under Article 46 of the Constitution.

“Whether dealing with fertiliser, sugar or any imported item, KEBS must ascertain quality standards before entry, as well as oversee locally manufactured products,” he said.

Another draft would give testing laboratories a firmer legal footing. KEBS laboratories would become national reference laboratories, while outside laboratories would have to meet eligibility and accreditation requirements before being designated. The draft also proposes regular assessment of designated laboratories, standard sample-handling procedures and a 14-day deadline for issuing test certificates.

The metrology rules would regulate calibration services and improve the accuracy of measurements used in healthcare, manufacturing and environmental monitoring. Operators of specified medical, industrial and environmental equipment would have to keep it calibrated, and calibration service providers would need KEBS licences.

KEBS Managing Director Esther Ngari said the bureau would take on board recommendations from Parliament and the public before finalising the rules.

“We will incorporate all feedback received from the committee and the public into the final draft regulations before returning to publish them,” she said.

The reforms follow the Standards (Market Surveillance) Regulations, 2026, gazetted on May 26 as Legal Notice No. 91 of 2026. They set out a framework for investigations, inspections and enforcement, and make manufacturers, importers, distributors and fulfilment service providers responsible for ensuring that only compliant products are sold and for keeping sourcing records that help trace faulty goods.

Once finalised, the draft rules will go through approval and gazettement. Mr Chepkonga said Parliament would be able to review them again after gazettement.