Trio file petition over 'Halal' label on food products
Crime and Justice
By
Kamau Muthoni
| Apr 16, 2026
A dispute over the private classification of food items in the country has landed in court.
Dennis Nthumbi, Henry Barasa and Dennis Owuor, in their case filed before the High Court, claimed that the inscription of quality marks of standard from bodies other than the government on items that Kenyans consume is not only illegal, but ends up denting Kenyans’ pockets as the cost is passed to them.
Their lawyer, John Khaminwa, argued that the private classification started with meat, which retailers label as Halal, targeting Muslim consumers.
However, he said that the trend has now allegedly illegally spread to almost all food items, including maize flour, rice, milk, bread, drinking chocolate, cooking oil and spices.
Dr Khaminwa said that his clients were not challenging how Muslims observe their religion through diet.
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However, he argued that the case was about main streaming Halal to the commercial sector.
Halal relates to food that conforms to Islamic dietary laws. It mainly involves animal meat.
It prohibits pork and its by-products, animals that have died before slaughtering, animals that are not properly slaughtered, alcohol, birds of prey and animals without external ears, and blood and food prepared with it.
Khaminwa argued that the heart of the case was how the government allowed other bodies, other than the Kenya Bureau of Standards (KeBS) to inspect and offer quality assurance for the food Kenyans eat. He said that the standardisation marks have now moved beyond the niche market they target, without explanation or public participation.
“Halal certification, in its proper context, is a private religious and commercial assurance system intended to signify compliance with Islamic dietary requirements; however, the constitutional grievance arises when such certification is operationally embedded in a manner that affects mainstream commerce, public procurement, statutory inspection, consumer pricing, and public accountability,” said Khaminwa.
In the case, the trio sued the Attorney General, Treasury, Agriculture and Health Cabinet Secretaries. They also sued the Director of Veterinary services, the Director of Public Health, KeBS CEO, Council of Governors and the Kenya Revenue Authority.
Khaminwa was of the view that the certification-related costs, compliance burden and operational requirements are passed through the chain to the consumers.
He said that it is unfair for Kenyans to pay for private agreements between a certain group of people and the government of manufacturers.
“The matters complained of in the petition are not speculative or abstract, but concern an ongoing and widespread practical situation within Kenya’s food, meat, processing, retail, procurement, and distribution systems, in which private certification structures are alleged to have acquired significant influence over access to trade, compliance expectations, and market participation.”
“The petitioners have shown that many consumers are not aware of the existence, meaning, implications, or cost effects of Halal certification in the goods they purchase, thereby creating a serious constitutional issue of lack of information, opacity, and impairment of informed consumer choice under Articles 35 and 46 of the Constitution,” the lawyer said.