Kenya Accreditation Service Act

Section 1. Short title Section This Act may be cited as the Kenya Accreditation Service Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "accreditation" means, in relation to a Conformity Assessment Body, an attestation by the Service that the conformity assessment body is competent to carry out specific conformity assessment tasks; "Accreditation Advisory Committee" means an Accreditation Advisory Committee established under section 9 ; "accredited body" means an organisation or a facility that has been accredited by the Service; "accreditation certificate" means a document or set of documents that states that accreditation has been granted to the conformity assessment body named in the documents, the conditions under which the accreditation has been granted and the scope of the accreditation; "accreditation mark" means the mark issued by the Service to be used by an accredited body to indicate that body's accreditation status; "accreditation scheme" means the rules, processes or any other requirements established by the Service relating to specific conformity assessment activities to which a similar accreditation standard applies; "accreditation symbol" means the symbol issued by the Service for use by a conformity assessment bod...

Section 3. Objects of the Act Section establish the Service;

Section 4. Establishment of the Service Section 4(1) There shall be established a service to be known as the Kenya Accreditation Service. Section 4(2) The Service shall be the successor to the Kenya Accreditation Service established in accordance with the Kenya Accreditation Service Order (sub. leg). Section 4(3)(a) entering into contracts; Section 4(3)(b) suing and being sued; Section 4(3)(c) taking, purchasing or otherwise acquiring, holding or disposing of movable and immovable property; Section 4(3)(d) borrowing and lending money; Section 4(3)(e) charging fees for its services; and Section 4(3)(f) doing or performing all acts necessary for the proper execution of its functions under this Act which may lawfully be done by a body corporate.

Section 5. Headquarters of the Service Section The headquarters of the Service shall be in Kenya, at a place designated by the Cabinet Secretary and published in the Gazette .

Section 6. Functions of the Service Section assess and accredit conformity assessment bodies;

Section 7. Establishment and composition of the Board Section 7(1)(a) a non-executive Chairperson appointed by the President on the recommendation of the Cabinet Secretary; Section 7(1)(b) the Principal Secretary in the ministry for the time being responsible for matters related to accreditation or a designated representative; Section 7(1)(c) the Principal Secretary in the ministry for the time being responsible for matters related to finance or a designated representative; Section 7(1)(d) two persons with professional qualifications in the fields of science and technology, law, trade, business or industry; Section 7(1)(d)(i) two persons with professional qualifications in the fields of science and technology, law, trade, business or industry; Section 7(1)(d)(ii) two persons, one with professional qualifications in finance, and another person with professional qualifications in law or human resource management; and Section 7(1)(d)(iii) one person with professional qualifications in consumer protection. Section 7(1)(e) the Chief Executive Officer, who shall be an ex officio member. Section 7(2) The persons appointed under subsection (1)(d) shall be subjected to a competitive recruit...

Section 8. Committees of the Board Section 8(1) The Board may, from time to time, establish such committees as it may consider appropriate for the better carrying out of its functions. Section 8(2) The Board may hire experts or consultants to assist in its work. Section 8(3) Where the Board establishes a committee under this section, it shall determine the composition of the committee and the rules and procedures that shall be adopted by the committee.

Section 9. Accreditation Advisory Committees Section 9(1)(a) advise the Board on technical and scientific matters relating to the operation of accreditation schemes; Section 9(1)(b) guide on interpretation of technical requirements of international standards and regulatory requirements of specific accreditation schemes; Section 9(1)(c) formulate or review the technical criteria or other sector specific application requirements related to accreditation schemes; Section 9(1)(d) develop or review technical criteria adopted by the Service for specific accreditation activities; Section 9(1)(e) advise on the competence criteria for accreditation assessors and technical experts including identifying relevant proficiency testing programmes applicable to specific accreditation schemes; and Section 9(1)(f) offer advisory support activities including accreditation assessment reviews, research and other matters as may be required by Service from time to time. Section 9(2) An Accreditation Advisory Committee shall consist of not less than three members, and not more than nine members. Section 9(3) The members of an Accreditation Advisory Committee shall possess academic, scientific or technical...

Section 10. Accreditation Schemes Section 10(1) The Service may establish and maintain such accreditation schemes consistent with international and regional practices taking into account the needs of manufacturers, consumers, regulators and any other relevant stakeholders. Section 10(2) The Service shall maintain on its website, information relevant to each accreditation scheme including applicable requirements or conditions of accreditation. Section 10(3)(a) requirements of an accreditation scheme; Section 10(3)(b) fees applicable to each accreditation scheme; Section 10(3)(c) fees applicable to accreditation related training, and any other activities undertaken by the Service; Section 10(3)(d) conditions on the use of the logo and accreditation symbols of the Service, including symbols of regional or international accreditation bodies; and Section 10(3)(e) any other matter which the Service may consider necessary.

Section 10A. Accreditation of Conformity Assessment Bodies operating in Kenya Section 10A(1) Every conformity assessment body that carries out any conformity assessment activity in Kenya shall be accredited by the Service. Section 10A(2) A conformity assessment body established in Kenya and that seeks to be accredited by a foreign accreditation body shall obtain an exemption from the Service in the prescribed manner and upon payment of a prescribed fee. Section 10A(3) A foreign conformity assessment body operating in Kenya that is accredited by a foreign accreditation body shall obtain an exemption from accreditation by the Service in the prescribed manner and upon payment of a prescribed fee. Section 10A(4) A conformity assessment body operating in Kenya that is accredited by a foreign accreditation body shall, within three months of the commencement of this Act, apply to the Service for accreditation or exemption as the case may be.

Section 11. Application for accreditation Section 11(1) A conformity assessment body that seeks to be accredited shall apply to the Service for accreditation in the prescribed manner. Section 11(2) The Service shall process an application submitted under subsection (1) within sixty days from the date of receipt of the application. Section 11(3) Where the Service approves the application for accreditation, the Service shall inform the applicant in writing, and undertake an accreditation assessment in accordance with the requirements of the relevant accreditation scheme. Section 11(4) Where the Service declines an application submitted under subsection (1) , the Service shall notify the applicant in writing upon conclusion of the evaluation exercise setting out the reasons for the decision.

Section 12. Accreditation decisions of the Service Section 12(1) The Service may, subject to the directions of the Board, set rules and guidelines for granting, renewing, maintaining, reducing, extending, suspending or withdrawing accreditation. Section 12(2) Where the Service is satisfied with the outcome of an accreditation assessment, and upon payment of the prescribed fees, the Service may grant, renew, maintain, reduce or extend accreditation to a conformity assessment body. Section 12(3) Where the Service grants, renews, maintains, reduces or extends the accreditation of a conformity assessment body, the Service shall notify the conformity assessment body and issue an accreditation certificate within fourteen days. Section 12(4)(a) a schedule specifying the scope of accreditation; Section 12(4)(b) an outline of prescribed conditions on the use of accreditation symbols and related claims; and Section 12(4)(c) any other terms as may be determined by the Service. Section 12(5) Where the Service declines, suspends or withdraws accreditation to a conformity assessment body, the Service shall, within fourteen days, notify the conformity assessment body in writing setting out the re...

Section 13. Accreditation status, certificates, symbols and claims Section 13(1)(a) accreditation certificate and the accompanying schedule issued by the Service; Section 13(1)(b) register of accredited bodies published in the Gazette and maintained on the website of the Service; and Section 13(1)(c) accreditation symbol issued by the Service and displayed on certificates or reports issued by an accredited body. Section 13(2) An accreditation certificate issued under this Act shall be valid only for the period prescribed in the certificate. Section 13(3) The seal of the Service shall be affixed on an accreditation certificate and shall be authenticated by the signature of the Chief Executive Officer or a person authorized in that behalf by a resolution of the Board. Section 13(4) The accreditation certificate and rights to use an accreditation symbol shall be the property of the Service and shall be surrendered to the Service whenever it is required to do so. Section 13(5) The Service may impose such conditions, as it considers necessary, on the use of an accreditation certificate, accreditation symbol, and a claim of accreditation status by an accredited body. Section 13(6) The ac...

Section 14. Maintenance of accreditation Section 14(1) An accredited body shall comply with the provisions of this Act, and any other conditions prescribed by the Service from time to time. Section 14(2) An accredited body shall inform the Service promptly of any changes that may affect its accreditation status or the operations of the accredited body.

Section 15. Suspension or withdrawal of accreditation Section 15(1) The Service may suspend an accredited body from offering accreditation services for the period specified in the notice of suspension or until such earlier time as the Service may determine. Provided that a suspension shall not last for a period exceeding six months. Section 15(2)(a) contravenes the conditions imposed by the Service; Section 15(2)(b) provides false or misleading information to the Service; Section 15(2)(c) is no longer fit to hold an accreditation; Section 15(2)(d) fails to comply with the directions of the Service; Section 15(2)(e) contravenes any provisions of this Act; or Section 15(2)(f) fails to pay any fees prescribed under this Act. Section 15(3) Where an accreditation is suspended on account of non-payment of the prescribed fees, the suspension shall be lifted where the fee is paid within thirty days from the date of the notice of suspension. Section 15(4) The Service may withdraw the accreditation of a conformity assessment body where the body is suspended for non-payment of the prescribed fee and it fails to pay the fees within the period specified under subsection (3) . Section 15(5) The...

Section 16. Accreditation Appeals Tribunal Section 16(1) There is established a Tribunal to be known as the Accreditation Appeals Tribunal, which shall hear and determine appeals emanating from the decisions of the Service. Section 16(2)(a) a Chairperson appointed competitively by the Cabinet Secretary from amongst persons qualified to be judges of the High Court; and Section 16(2)(b) four other persons who possess expertise and knowledge in matters relating to accreditation, conformity assessment, standardization or regulatory activities. Section 16(3)(a) hold a university degree in law or science and technology; and Section 16(3)(b) possess at least seven years relevant experience in their areas of expertise. Section 16(4) Except as provided in the Third Schedule, the Accreditation Appeals Tribunal shall regulate its own procedure.

Section 17. Appeals to the Accreditation Appeals Tribunal Section 17(1) An accredited body that is aggrieved by a decision of the Service may, by notice in writing to the Chief Executive Officer and upon payment of the prescribed fees, appeal against the decision within twenty-one days of being notified of the decision. Section 17(2) A notice of appeal under this section shall set out the grounds of the appeal. Section 17(3) The Chief Executive Officer shall, within seven days of receipt of the notice under subsection (2) , forward the notice to the Accreditation Appeals Tribunal.

Section 18. Awards of the Accreditation Appeals Tribunal Section 18(1) The Accreditation Appeals Tribunal shall consider the notice of appeal and the response of the Service before making an award. Section 18(2)(a) confirm the decision of the Service; Section 18(2)(b) vary the decision of the Service; Section 18(2)(c) direct the Service to carry out a fresh evaluation of the application or undertake a fresh assessment of the conformity assessment body; or Section 18(2)(d) issue other orders it may consider necessary including an order as to costs. Section 18(3) Where an appeal has been filed against a decision of the Service, the decision of the Service shall stand suspended until the appeal has been heard and determined by the Accreditation Appeals Tribunal. Section 18(4) The Accreditation Appeals Tribunal may direct the taxing of costs as may be prescribed under this Act.

Section 19. Appeals against the awards of the Accreditation Appeals Tribunal Section 19(1) A party who is aggrieved by an award of the Accreditation Appeals Tribunal may appeal against the award to the High Court. Section 19(2) An award of the Accreditation Appeals Tribunal shall stand suspended where an appeal against the award has been made to the High Court. Section 19(3)(a) confirm the award of the Accreditation Appeals Tribunal; Section 19(3)(b) review the award of the Accreditation Appeals Tribunal; Section 19(3)(c) remit the proceedings of the appeal to the Accreditation Appeals Tribunal and direct the Tribunal to review the award; or Section 19(3)(d) make any other order as it may consider necessary, including an order as to costs.

Section 20. Conduct of the business and affairs of the Accreditation Appeals Tribunal Section The conduct of the business and affairs of the Accreditation Appeals Tribunal shall be as set out in the Third Schedule to this Act.

Section 21. The Chief Executive Officer Section 21(1) There shall be a Chief Executive Officer of the Service appointed by the Cabinet Secretary on the recommendation of the Board. Section 21(2)(a) science; Section 21(2)(a)(i) science; Section 21(2)(a)(ii) information technology; or Section 21(2)(a)(iii) business administration; Section 21(2)(b) has at least ten years' relevant professional experience of which five shall have been in a senior management position; Section 21(2)(c) satisfies the requirements of Chapter Six of the Constitution; Section 21(2)(d) does not hold a public office; and Section 21(2)(e) is otherwise not disqualified by any other written law. Section 21(3) The Chief Executive Officer shall hold office for a term of three years and may be eligible for re-appointment to one further term of three years. Section 21(4) The Chief Executive Officer shall, subject to the general directions of the Board, be responsible for the day to day management of the Service, the exercise of its powers and the discharge and performance of its functions. Section 21(5) The Cabinet Secretary, on the written recommendation of the Board and on the grounds stipulated under subsection (6...

Section 22. The Corporation Secretary Section 22(1) There shall be a Corporation Secretary who shall be appointed by the Board on such terms and conditions as the Board may determine. Section 22(2) A person shall be qualified for appointment as a Corporation Secretary, if the person holds a degree in law from a university recognized in Kenya and is a registered Certified Public Secretary with at least seven years relevant experience. Section 22(3)(a) be the Secretary to the Board; Section 22(3)(b) record and keep minutes and other records of the Board; Section 22(3)(c) have custody of the seal of the Board; and Section 22(3)(d) carry out such other functions as may be assigned by the Board or the Chief Executive Officer, from time to time. Section 22(4) The Corporation Secretary shall be responsible to the Chief Executive Officer.

Section 23. Staff of the Service Section 23(1) The Service may appoint such other staff as it considers necessary for the exercise of its powers and discharge of its functions. Section 23(2) The Staff of the Service shall be appointed on such terms and conditions as shall be determined by the Board on the recommendations of the Salaries and Remuneration Commission. Section 23(3) The Service shall ensure that the appointment of its staff reflects the ethnic, gender and regional diversity of the people of Kenya.

Section 24. Confidentiality Section 24(1)(a) to a person authorized to have that information for the performance of a function under this Act; Section 24(1)(b) where that person is authorized under this Act to disclose that information; Section 24(1)(c) where that person discloses that information in accordance with a provision of any written law or an order of a court of competent jurisdiction; or Section 24(1)(d) where the information is disclosed by or on the authority of the Cabinet Secretary, the Board or the Chief Executive Officer. Section 24(2) A member of the Board, or an officer or agent of the Service shall, in the performance of any function or exercise of any power under this Act, preserve the confidentiality of any matter coming to the knowledge of that member, officer or agent. Section 24(3)(a) disclose any confidential information to any person; or Section 24(3)(b) permit an unauthorized person to gain access to any information in the possession, custody or control of the Service. Section 24(4) Any person who contravenes the provisions of this section commits an offence.

Section 25. Protection from personal liability Section No matter or thing done or omitted to be done by a member of the Board, or an officer or agent of the Service, if the matter or thing is done or omitted in good faith in the execution of the powers and the performance of the functions of the Service, shall render the member, officer or agent, or any other person's action on the member's, officer's or agent's direction, personally liable to any action, claim or demand whatsoever.

Section 26. Common seal of the Service and execution of documents Section 26(1) The common seal of the Service shall be kept in the custody of the Corporation Secretary and shall not be affixed to any instrument or document except as the Chief Executive Officer may authorize. Section 26(2) The common seal of the Service shall be authenticated by the signature of the Chief Executive Officer or any other person authorized in that behalf by a resolution of the Board.

Section 27. Remuneration of members of the Board, committees, and the Accreditation Appeals Tribunal Section The Service shall pay such remuneration and allowances to the members of the Board, committees, and the members of the Accreditation Appeals Tribunal as approved by the Cabinet Secretary upon the recommendation of the Salaries and Remuneration Commission.

Section 28. The General Fund and investments Section 28(1) There is established a fund of the Service to be known as the General Fund. Section 28(2) The Fund shall be the successor of the General Fund established under the Kenya Accreditation Service Order (sub. leg). Section 28(3) The Fund shall vest in the Service. Section 28(4)(a) were held by the former Fund; Section 28(4)(b) may accrue or vest to the Service in the exercise of its powers or the performance of its functions under this Act; Section 28(4)(c) may be prescribed as fees or charges payable to the Service under the Act; Section 28(4)(d) may be received as grants, gifts or donations; Section 28(4)(e) may be appropriated for the purposes of the Service; and Section 28(4)(f) may be borrowed or raised by the Service for the purpose of meeting any of its obligations or discharging any of its duties. Section 28(5)(a) as the Service may be directed by the Cabinet Secretary for the National Treasury; or Section 28(5)(b) in such manner as may be approved by the Cabinet Secretary.

Section 29. Financial year Section The financial year of the Service shall be the period of twelve months ending on the 30th June.

Section 30. Annual estimates Section 30(1) The Board shall, before the commencement of each financial year, cause to be prepared and shall approve the estimates of the revenues and expenditures of the Service for that financial year. Section 30(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Service; Section 30(2)(b) payment of pensions, gratuities and other retirement benefits which shall be payable out of the funds of the Service; Section 30(2)(c) training, research, investor education and securities industry development activities of the Service; Section 30(2)(d) acquisition, maintenance, repair and replacement of equipment and other movable and immovable property of the Service; Section 30(2)(e) creation of reserve funds to meet the future or contingent liabilities of the Service; and Section 30(2)(f) expenditure incurred by the Service in the exercise of its powers and the performance of its functions. Section 30(3) The Service shall submit the estimates of revenues and expenditures of the Service to the Cabinet Secretary for approval.

Section 31. Accounts and audit Section 31(1) The Board of the Service shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Service in accordance with the Public Finance Management Act ( Cap. 412A ). Section 31(2) The accounts of the Service shall be audited and reported on in accordance with the provisions of Article 226 and 229 of the Constitution and the Public Audit Act ( Cap. 412B ).

Section 32. Exemptions from stamp duty Section No duty shall be chargeable under the Stamp Duty Act ( Cap. 480 ) in respect of any instrument executed by or on behalf of the Service for which the Service would ordinarily be liable to pay.

Section 33. General offence and penalty Section 33(1) A conformity assessment body not being accredited by the Service which makes any claim or uses any accreditation symbol in relation to any goods, processes, services, or facilities which may imply that the conformity assessment body is accredited when not being so accredited, commits an offence under this Act and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings. Section 33(2) A person who is convicted of an offence under this Act for which no other penalty is prescribed shall be liable, upon conviction, to imprisonment for a term not exceeding six months or a fine not exceeding five hundred thousand shillings or to both.

Section 34. Regulations Section 34(1)(a) the scope of activity for which the Service may grant accreditation; Section 34(1)(b) the functions of accredited conformity assessment bodies; and Section 34(1)(c) any other matter necessary for the proper administration of this Act. Section 34(2)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act; Section 34(2)(b) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; Section 34(2)(c) the Statutory Instruments Act ( Cap. 2A ); Section 34(2)(c)(i) the Statutory Instruments Act ( Cap. 2A ); Section 34(2)(c)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 34(2)(c)(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 34(2)(c)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

Section 35. Transitional provisions Section 35(1) The members of the Board of Directors of the Service appointed under the Kenya Accreditation Service Order (Sub. Leg) hereinafter referred to as "the former Service", who qualify under this Act, shall continue to hold office as members of the Board until the expiry of the remainder of their terms of office. Section 35(2) Any Regulation made or other instrument issued under the Kenya Accreditation Service Order (Sub. Leg), shall continue to have effect as if the Regulation or instrument were made or issued under this Act. Section 35(3) All the property, assets, rights, liabilities, obligations or agreements vested in, acquired, incurred or entered into by or on behalf of the former Service, shall be considered to have been vested in, acquired, incurred or entered into by the Service under this Act. Section 35(4) All persons who, before the commencement of this Act, were employees of the former Service shall, at the commencement of this Act, be considered to be the staff of the Service under this Act. Section 35(5) Any waiver, exemption or no objection granted or any enforcement action taken against any person under the Kenya Accredit...

Section 36. Disclosure of interest Section 36(1) Where a member is directly or indirectly interested in any matter before the Board and is present at a meeting of the Board at which the matter shall be considered, deliberated or voted on, that member shall, at that meeting as soon as is practicable after the meeting has commenced, but before any deliberations have occurred, disclose that interest and shall not take part in the consideration, deliberations or votes on the matter and shall not be counted in the quorum of the meeting during the consideration, deliberation or vote on that matter. Section 36(2) A disclosure of interest under this section shall be recorded in the minutes of the meeting at which the disclosure is made.