Push to strengthen regulation of imported, locally manufactured products

Kenya Bureau of Standards (KEBS) has proposed a new raft of regulations to the National Assembly aimed at closing gaps in the country’s standards and quality-control system.

The proposed reforms cover metrology, testing and designation of laboratories, product certification and the handling of conditionally released and rejected imports.

The regulations are undergoing pre-publication scrutiny by the National Assembly Committee on Delegated Legislation, which has called for amendments to some provisions before they are formally published.

Committee chairman Samuel Chepkonga said the scrutiny was necessary to ensure the regulations comply with the Constitution and the laws governing delegated legislation before they take effect.

“We have considered those regulations, especially the draft regulations, before they are published, and we have agreed on several areas that need to be amended before publication,” Chepkonga said.

He said some of the regulations currently governing standards date back to 1977 and are no longer adequate in an environment that has been transformed by technological developments and changes in trade.

“Some of the regulations we are seeking to approve were passed as far back as 1977, before the Standards Act itself was enacted by Parliament. We are seeking to replace those outdated regulations to keep pace with global technological advancements,” he said.

The committee’s intervention comes as KEBS seeks to strengthen its ability to prevent substandard products from reaching consumers.

Chepkonga said the new framework would also provide stronger controls over imported goods, citing previous instances where products that failed to meet 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 substandard imports from entering the country,” he said.

Under the proposed regulations on conditionally released and rejected imports, KEBS would introduce clearer criteria for allowing certain consignments to be released pending testing.

Importers would, among other requirements, have to provide an approved warehouse and a clean compliance record.

They would also be required to provide a bank guarantee equivalent to five per cent of the approved customs value, valid for six months. Non-compliant goods could be subjected to supervised rework, destruction or re-export.

The proposed product certification regulations would replace the existing 1977 framework and formally provide for both the mandatory Standardisation Mark and the voluntary Diamond Mark of Quality.

The regulations would also introduce a public register of certified products and strengthen KEBS enforcement powers, including the ability to halt the sale or distribution of non-compliant products, order recalls and suspend the use of certification marks.

National Standards Council chairman, Dr Chris Wamalwa, said the reforms were necessary to ensure that products entering the country and those manufactured locally meet established standards.

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

He said the regulations would also strengthen consumer protection, in line with Article 46 of the Constitution.

“Any product entering the country must be approved by KEBS to ensure conformity with existing standards and to uphold Article 46 of the Constitution regarding consumer protection,” he said.

Another proposed regulation seeks to establish a stronger legal framework for testing laboratories.

KEBS laboratories would become national reference testing laboratories, while external laboratories would be required to meet specified eligibility and accreditation requirements before being designated.

The framework also proposes regular assessment of designated laboratories, standardised sample-handling procedures and a 14-day timeline for issuing test certificates.

The metrology seeks to regulate calibration services and improve the accuracy and traceability of measurements used in sectors including healthcare, manufacturing and environmental monitoring.

Under the proposed regulations, operators of specified medical, industrial and environmental equipment would be required to ensure their equipment is calibrated, while providers of calibration services would have to obtain licences from KEBS.

KEBS Managing Director Ms Esther Ngari said the bureau would incorporate recommendations from Parliament and the public before finalising the regulations.

“The four regulations under public participation cover metrology, regulating calibration activities across the country; testing, designating and regulating laboratories that assist in product testing nationwide; product certification; and conditional and unconditional release of products,” Ngari said.

She said the pre-publication scrutiny had provided an opportunity for KEBS to identify areas requiring improvement before the regulations are subjected to the next stage.

“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 come against the backdrop of KEBS efforts to strengthen market surveillance.

The Standards (Market Surveillance) Regulations, 2026 were gazetted on May 26 as Legal Notice Number 91 of 2026 and provide a structured framework for investigations, inspections and enforcement against non-compliant products.

The market surveillance framework also places greater responsibility on manufacturers, importers, distributors and fulfilment service providers to ensure that only compliant products are distributed and to maintain sourcing records that can help trace non-compliant goods through the supply chain.

Once the draft regulations are finalised, they will proceed through the required approval and gazettement process before taking effect. Chepkonga said Parliament would have an opportunity to scrutinise the regulations after gazettement as provided under the statutory framework.

The overall objective, according to KEBS, is to replace fragmented and outdated procedures with a more structured standards regime capable of protecting consumers, supporting compliant businesses and preventing substandard goods from circulating in the Kenyan market.