Standards Act

Section 1. Short title Section This Act may be cited as the Standards Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "approved specification" means a specification in respect of which a standardization mark has been specified under section 10 (1)(b); "Bureau" means the Kenya Bureau of Standards established by section 3 ; "code of practice" means a set of rules relating to the methods to be applied or the procedure to be adopted in connexion with the construction, installation, testing, sampling, operation or use of any article, apparatus, instrument, device or process; "consolidator" means a person who assembles cargo belonging to various persons to form one consignment at the country of supply which may be declared as belonging to one importer at the port of destination and de-consolidated back into the original individual consignments for delivery to the respective cargo owners upon arrival at the destination port or consolidators warehouse; "Council" means the National Standards Council established by section 6 ; "Director" means the Director of the Bureau appointed under section 5 ; "inspector" means an inspector appointed under section 13 ; "Kenya Standard" means a specification or code of practice declared...

Section 3. Establishment of the Bureau Section suing and being sued;

Section 4. Functions of the Bureau Section 4(1)(a) to promote standardization in industry and commerce; Section 4(1)(b) to make arrangements or provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, for the determination of their degree of accuracy by comparison with standards approved by the Cabinet Secretary on the recommendation of the Council, and for the issue of certificates in regard thereto; Section 4(1)(c) to make arrangements or provide facilities for the examination and testing of commodities and any material or substance from or with which and the manner in which they may be manufactured, produced, processed or treated; Section 4(1)(d) to control, in accordance with the provisions of this Act, the use of standardization marks and distinctive marks; Section 4(1)(e) to prepare, frame, modify or amend specifications and codes of practice; Section 4(1)(f) to encourage or undertake educational work in connexion with standardization; Section 4(1)(g) to assist the Government or any local authority or other public body or any other person in the preparation and framing of any specifications or codes of practice; Section 4(1...

Section 5. Director and staff of the Bureau Section 5(1) The Cabinet Secretary shall, on the advice of the Council, by notice in the Gazette , appoint a Director of the Bureau who shall be the chief executive officer of the Bureau. Section 5(2) The Council shall, after consultation with the Director, appoint such members and staff of the Bureau as the Council may deem necessary for the proper performance of the functions of the Bureau under this Act. [Act No. 5 of 1980 , s. 4.]

Section 6. The National Standards Council Section 6(1) There is hereby established a Council of the Bureau by the name of the National Standards Council. Section 6(2)(a) a chairman appointed by the Cabinet Secretary; Section 6(2)(b) a secretary who shall be the Director of the Bureau; Section 6(2)(c) not more than seven persons appointed by the Cabinet Secretary who shall be public officers; Section 6(2)(d) not more than eight persons appointed by the Cabinet Secretary who shall possess knowledge of industrial or commercial standards or other matters likely to be of assistance to the Bureau in the performance of its functions under this Act. Section 6(3) The Cabinet Secretary may, after consultation with the Council, appoint not more than five persons to be additional members of the Council being persons whose assistance or advice it may from time to time require. Section 6(4) The Schedule to this Act shall have effect with respect to the Council, but subject thereto the Council shall otherwise regulate its own procedure. [Act No. 5 of 1980 , s. 4.]

Section 7. Powers of the Council Section 7(1)(a) to supervise and control the administration and financial management of the Bureau; Section 7(1)(b) to advise and obtain advice from the Cabinet Secretary in regard to any matter within his purview under this Act; Section 7(1)(c) to formulate matters of policy for the purpose of providing general or specific guidance to the Institute for the better performance of its functions under this Act; Section 7(1)(d) to do all things necessary for the better carrying out of the provisions and purposes of this Act except where otherwise provided. Section 7(2)(a) any study, examination or test in respect of any particular commodity or class of commodity; Section 7(2)(b) any comparative study, examination or test in respect of commodities of different makes or brands or of different specifications whether produced in Kenya or elsewhere. Section 7(3) The Council, upon payment of such fees, if any, as may be prescribed, may issue reports on any study, examination or test carried out pursuant to subsection (2) of this section and may, if it thinks fit, impose conditions as to the use to be made of such reports and conditions prohibiting, restrictin...

Section 8. Financial provisions Section 8(1) The funds of the Bureau shall consist of all moneys received or recovered under the provisions of this Act or the regulations by or on behalf of the Bureau or the Council and any moneys provided by Parliament. Section 8(2)(a) pay to the members of the Council and the Bureau (other than a number who is a public officer in receipt of salary) and to the staff of the Bureau remuneration and travelling and other allowances; Section 8(2)(b) authorize the payment of all such sums of money as may be necessary to enable the Bureau to discharge its functions under this Act and to give effect thereto. Section 8(3)(a) a balance sheet showing in detail the assets and liabilities of the Bureau as at the end of that year; Section 8(3)(b) such other statements of account as may be necessary to indicate the financial status of the Bureau as at the end of that year. Section 8(4) The accounts of the Bureau shall be examined, audited and reported upon annually by the Auditor-General (Corporations). Section 8(5) The Council shall submit to the Cabinet Secretary all such information as he may from time to time require in respect of the activities and financia...

Section 5A. Information on manufacturers Section The Bureau may liaise with relevant government agencies which register businesses to obtain information on businesses registered to undertake manufacturing. [ Act No. 20 of 2024 , s. 20.]

Section 9. Declaration of Kenya Standard Section 9(1)(a) declare any specification or code of practice framed or prepared by the Bureau to be a Kenya Standard; Section 9(1)(b) notify from time to time any amendment to, replacement of, or abolition of, a Kenya Standard declared under paragraph (a) . Section 9(2) Where a Kenya Standard has been declared under subsection (1) , the Cabinet Secretary, on the advice of the Council, shall, by order in the Gazette , prescribe a date after which no person shall manufacture or sell any commodity, method or procedure to which the relevant specification or code of practice relates unless it complies with that specification or code of practice. Section 9(3)(a) it is satisfied that it is temporarily impossible or impractical for a person, industry or trade to comply with the order; and Section 9(3)(b) it is nevertheless desirable in the public interest that that person, industry or trade should be permitted to manufacture or sell any commodity, method or procedure referred to in the order, may, by notice in the Gazette , exempt that person, industry or trade, either generally or for the purposes of a particular transaction or particular transact...

Section 10. Standardization marks Section 10(1)(a) application to any commodity which is the subject of an order under section 9 (2); and Section 10(1)(b) application to a commodity which is not the subject of an order under section 9 (2) but concerning the manufacture or sale of which the Council has approved as specification. Section 10(2) The standardization marks specified under subsection (1) shall not be identical with any trade mark registered under the Trade Marks Act ( Cap. 506 ) or so nearly resemble it as to be likely to be mistaken for it, and no mark identical with those standardization marks or so nearly resembling them as to be likely to be mistaken for them shall be registered as a trade mark under the Trade Marks Act ( Cap. 506 ). Section 10(3) Where, after the publication of an order under section 9 (2), any person intends to manufacture any commodity to which that order refers after the date specified therein he shall notify the Bureau in the prescribed form of his intention and the Bureau, if it is satisfied that he is capable of manufacturing the commodity in accordance with the relevant Kenya Standard, shall issue him with a permit to use the standardization m...

Section 11. Appeals Section Any person who is aggrieved by a decision of the Bureau or the Council may within fourteen days of the notification of the act complained of being received by him, appeal in writing to the Tribunal. [Act No. 7 of 2004 , s. 4.]

Section 10A. Cancellation and suspension of permit Section 10A(1)(a) has not complied with any condition specified therein; or Section 10A(1)(b) has not manufactured any commodity to which the permit relates to the relevant Kenya Standard of approved specification, as the case may be; or Section 10A(1)(c) has ceased to manufacture the commodity to which the permit relates, cancel, or suspend the operation of, a permit; and suspension under this subsection may be for such period, not exceeding one year, as the Bureau deems fit. Section 10A(2) The provisions of subsection (1) shall be in addition to, and not in derogation of, the power to prosecute for an offence under this Act. [Act No. 5 of 1980 , s. 5.]

Section 10B. Standards levy order Section 10B(1) The Cabinet Secretary may make a standards levy order for the purpose of giving effect to proposals submitted by the Council and approved by him; and the order may provide for the amendment of a previous standard levy order and may make different provisions in relation to different classes or description of industry. Section 10B(2) A standards levy order may contain provisions as to the evidence by which a person’s liability to the levy or his discharge of that liability may be established, and as to the time at which any amount payable by any person by way of the levy shall become due and the manner in which it shall be recoverable by the Director. Section 10B(3) If any person fails to pay an amount payable to him by way of the standards levy within the time prescribed by the standards levy order, a sum equal to five per cent of that amount shall be added to the amount for each month or part of a month thereof that the amount due remained unpaid. Section 10B(4) A person who fails to comply with any provisions of a standards levy order shall be guilty of an offence. Section 10B(5) Any person who is aggrieved by an act or decision und...

Section 10C. Disbursement powers of Director Section 10C(1) All moneys received in respect of the standards levy order shall be paid into a standards levy fund (in this section referred to as "the Fund") established in respect of the industry to which that order relates. Section 10C(2) The Director, acting on the direction of the Cabinet Secretary, may make payments out of the Fund for the purposes set out in section 8 (2). [Act No. 1 of 1989 , s. 3.]

Section 10D. Standards for manufacturers Section 10D(1) A manufacturer shall ensure that every product is designed and manufactured in accordance with this Act. Section 10D(2)(a) ensure that every product meets the requirements of the relevant Kenya standards; Section 10D(2)(b) carry out sample testing of each product before releasing the product into the market; Section 10D(2)(c) have procedures for ensuring full traceability of a product from the factory to the consumer of the product manufactured for sale; and

Section 12. Samples and information Section 12(1)(a) ensure that every product complies with the Kenya standards; Section 12(1)(b) ensure that every product bears a valid standardization mark issued or recognized under this Act; Section 12(1)(c) maintain records that uniquely identify each product, every supplier and the immediate customers; and Section 12(1)(d) ensure that the product does not exceed its declared shelf life or expiry date. Section 12(2) A person who imports, stocks, distributes, sells or exhibits a product shall not place on the market or put into service any product that is not sold freely or conforms to applicable regulatory requirements in the country of origin. Section 12(3) The Bureau may request from any person who manufactures, stocks, distributes, sells or exhibits a product for any documentation and information that the Bureau requires for the purpose of carrying out its functions. Section 12(4) A manufacturer or a business operator who has reason to believe that a product which has been made available in the market is not in conformity with the requirements of this Act shall withdraw or recall the product. Section 12(5) A business operator shall cooperat...

Section 13. Appointment of inspectors Section 13(1) The Cabinet Secretary may, at the request of the Council, by notice in the Gazette appoint as an inspector for the purposes of this Act any person who in his opinion is suitably qualified. Section 13(2) Every person so appointed shall be either a public officer or a member of the staff of the Institute and shall be furnished with a certificate of appointment signed by the Director stating that he is authorized by the Cabinet Secretary to act as an inspector for the purposes of this Act.

Section 14. Power of inspectors Section 14(1)(a) enter upon any premises at which there is, or is suspected to be a commodity in relation to which any standard specification or standardization mark exists; Section 14(1)(b) inspect and take samples of any commodity or any material or substance used, or likely to be, or capable of being used in the manufacture, production, processing or treatment thereof, and cause any container within which there is or is suspected to be any quantity of any such commodity, material or substance, to be opened; Section 14(1)(c) inspect any process or other operation which is or appears likely to be carried out in those premises in connexion with the manufacture, production, processing or treatment of any commodity in relation to which a standard specification or a standardization mark exists; Section 14(1)(d) require from any person the production of any book, notice, record, list or other document which is in the possession or custody or under the control of that person or of any other person on his behalf; Section 14(1)(e) examine and copy any or any part of such book, notice, record, list or other document which appears to him to have relevance to...

Section 15. General provisions with regard to penalties Section 15(1) Any person convicted of an offence under this Act for which no penalty is specifically provided shall, in the case of a first offence, be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one million shillings or to both such imprisonment and fine and, in the case of a second or subsequent offence, to imprisonment for a term not exceeding three years or to a fine or to both imprisonment and fine, and, where an offence is of a containing nature, he shall in addition be liable to a fine not exceeding one hundred thousand shillings for each day or part thereof during which the offence continues. Section 15(2)(a) confiscating all or any part of any goods in respect of which the offence was committed and the destruction of such goods at the cost of the offender; Section 15(2)(b) prohibiting the manufacture or sale of that commodity unless it complies with the relevant Kenya Standard, and the Court may order that any goods which are the subject of an order under paragraph (a) shall be disposed of in such manner as it may direct. Section 15(3) Where a complaint is or has been made...

Section 16. Evidence by certificate Section 16(1) The Cabinet Secretary may by regulations provide that certificates issued by such persons as may be specified therein in relation to such matters as may be specified may, subject to this section, be received in evidence of those matters in any proceedings under the Act. Section 16(2)(a) unless the party against whom it is to be given in evidence has been served with a copy of the certificate not less than seven days before the hearing; and Section 16(2)(b) if that party has, not less than three days before the hearing, served on the other party a notice requiring the attendance of the person issuing the certificate. Section 16(3) For the purposes of this section a document purporting to be a certificate issued in pursuance of regulations made under subsection (1) shall be deemed to be such unless the contrary is shown. [Act No. 5 of 1980 , s. 7.]

Section 12A. Establishment of laboratories Section 12A(1)(a) provide testing and measurement services and issue test certificates; Section 12A(1)(b) produce certified reference materials; Section 12A(1)(c) develop test methods; Section 12A(1)(d) provide proficiency testing services; and Section 12A(1)(e) provide chemical metrology services. Section 12A(2) The Bureau may, where necessary, designate competent bodies that are duly accredited under the Kenya Accreditation Service Act ( Cap. 496A ) to provide testing services and issue test certificates subject to the Kenya standards for purposes of this Act. Section 12A(3) Any test carried out by a designated laboratory shall be deemed to have conformed to the requirements of the Bureau under this Act. Section 12A(4) A designated laboratory that issues incorrect or incomplete test results commits an offence. Section 12A(5)(a) contravenes the conditions imposed by the Bureau; Section 12A(5)(b) provides false or misleading information to the Bureau; Section 12A(5)(c) is no longer fit to hold an accreditation granted under the Kenya Accreditation Service Act; Section 12A(5)(d) contravenes any provisions of this Act; or Section 12A(5)(e) f...

Section 12B. Establishment of calibration facilities. Section 12B(1) The Bureau shall be accredited by the Kenya Accreditation Service to be the competent entity to provide calibration services in Kenya, either by itself or through designated laboratories. Section 12B(2)(a) be the custodian of the national measurement standards; Section 12B(2)(b) realize, develop and maintain national measurement standards; Section 12B(2)(c) provide traceability of the national measurement standards to the International System of Units including physical, chemical, biological and medical fields of measurement; and Section 12B(2)(d) provide national inter-comparison measurements for calibration laboratories in the country. Section 12B(3) The Bureau may, where necessary, license and register competent bodies accredited under the relevant Act to provide calibration services and issue certificates subject to the Kenya standards.

Section 12C. Calibration service providers Section 12C(1) Every calibration service provider shall have each of its measurement standards referenced to the national measurement standards maintained by the Bureau. Section 12C(2) The Cabinet Secretary may make regulations designating the specific categories of measuring instruments and equipment used for health, safety or environmental purposes that shall be calibrated. Section 12C(3) Without prejudice to the generality of subsection (2) , the Regulations may prescribe the timeframe after which it shall be unlawful to use an instrument or equipment that is not calibrated.

Section 14A. Order that goods be destroyed Section 14A(1)(a) testing indicates that the goods do not meet the relevant Kenya Standard; and Section 14A(1)(b) it is reasonably necessary to destroy the goods because the goods are in a dangerous state or injurious to the health of human beings, animals or plants. Section 14A(2) In an order under subsection (1) the inspector may require the owner of the goods to pay the costs of the destruction of the goods including the costs of transporting and storing the goods before destruction. Section 14A(3) At least fourteen days notice shall be given of an order under subsection (1) either by giving the owner of the goods a written notice or by publishing a written notice in the Gazette . Section 14A(4) Any person who is aggrieved by an order under subsection (1) may, within fourteen days of the notice of the order under subsection (3) , appeal in writing to the Tribunal. Section 14A(5) An order under subsection (1) shall not be carried out until the time for appealing to the Tribunal has expired and, if the order is appealed, the order shall not be carried out until the Tribunal has dealt with the appeal. Section 14A(6) If the goods in respect...

Section 14B. Conditional release Section 14B(1) An inspector may order the conditional release of goods to a manufacturer, importer, possessor, dealer or seller or his agent pending the testing of the samples of goods to determine whether they comply with the relevant Kenya Standard. Section 14B(2) Where the goods are in the custody and possession of the manufacturer, importer, dealer, seller or his agent, an inspector may require and order the manufacturer, importer, dealer, seller or agent to retain possession of the goods pending the testing of samples and release of the test results. Section 14B(3) Where the goods are released under subsection (1) or retained under subsection (2) , the inspector shall ensure that the samples are tested and the results thereof released to the manufacturer, importer, possessor, dealer, seller or agent within fourteen days after the testing period of such samples. Section 14B(4) Where the goods are found to comply with the relevant Kenya Standard, they shall be released to the manufacturer, importer, possessor, dealer or seller forthwith. Section 14B(5) Where the goods fail to comply with the relevant Kenya Standard, they shall be destroyed in acc...

Section 14C. Registration of cargo consolidators Section 14C(1) The Bureau shall in consultation with the Kenya Revenue Authority vet and register all consolidators of air and sea cargo prior to importation of cargo into the country by a consolidator. Section 14C(2)(a) is tax compliant; Section 14C(2)(b) is a member in good standing with a recognised association for consolidators; Section 14C(2)(c) has a warehouse in the country of origin and country of destination; Section 14C(2)(d) has not committed any offence relating to importation of substandard or counterfeit goods. Section 14C(3) A company seeking to be registered as a consolidator shall apply to the Bureau in the manner prescribed by the Cabinet Secretary. Section 14C(4) A company which imports cargo as a consolidator without being registered as required under this section commits an offence and shall upon conviction be liable to a fine of not exceeding one million shillings or imprisonment for a term not exceeding one year, or to both. [Act No. 23 of 2019 , s. 48.]

Section 14D. Appointment of an inspection body Section The Bureau may appoint an inspection body in the country of origin of goods to undertake verification of conformity to Kenya Standards or approved specifications. [ Act No. 20 of 2024 , s. 24.]

Section 16A. Establishment of Tribunal Section 16A(1) The Standards Tribunal is hereby established. Section 16A(2) The Tribunal shall consist of a Chairman and four other members, appointed by the Cabinet Secretary. Section 16A(3)(a) the person must be an advocate of at least seven years’ standing; or Section 16A(3)(b) the person must have been a judge of the High Court. Section 16A(4) Of the four members of the Tribunal appointed under subsection (2) , one person shall be a person with knowledge and experience in matters relating to customs and excise, and the other three members shall be persons with knowledge and experience in matters relating to standardisation. Section 16A(5) No member of the Council or employee of the Bureau may be appointed as a member of the Tribunal. Section 16A(6) The Cabinet Secretary shall appoint a legal officer from the Attorney-General’s Chambers to be the secretary of the Tribunal. Section 16A(7) The Chairman and members of the Tribunal shall serve for a term of five years and shall be eligible for re-appointment. Section 16A(8)(a) is unable to perform the functions of his office by reason of a mental or physical infirmity; Section 16A(8)(b) has bee...

Section 16B. Remuneration and allowances of members Section The Cabinet Secretary shall pay the members of the Tribunal such remuneration and allowances as the Cabinet Secretary determines. [Act No. 7 of 2004 , s. 8.]

Section 16C. Powers on appeal Section Upon an appeal under this Act, the Tribunal may confirm, set aside or vary the decision or act in question and may make such other order as the Tribunal considers appropriate, including an order with respect to the payment of costs. [Act No. 7 of 2004 , s. 8.]

Section 16D. Reference to Tribunal Section 16D(1) If a matter appears to involve a point of law or to be of unusual importance or complexity the Director may refer the matter to the Tribunal for a general direction. Section 16D(2) The Director shall give notice of the reference to any party to the matter and that party shall be entitled to be heard by the Tribunal. Section 16D(3) The Bureau and the Director shall be bound by the directions of the Tribunal on the reference, subject to any appeal to the High Court. [Act No. 7 of 2004 , s. 8.]

Section 16F. Appointment of expert advisors Section 16F(1) The Chairman of the Tribunal may appoint an advisor from a panel of persons with expert knowledge in matters relating to standards to assist in the determination of a matter before the Tribunal. Section 16F(2) No member of the Council or employee of the Bureau may be appointed as an advisor. [Act No. 7 of 2004 , s. 8.]

Section 16G. Appeal from Tribunal to Court Section A party to proceedings before the Tribunal may appeal the decision of the Tribunal to the High Court. [Act No. 7 of 2004 , s. 8.]

Section 16H. Procedure of Tribunal Section 16H(1) The Cabinet Secretary may make rules for regulating the practice and procedure of the Tribunal. Section 16H(2) Subject to the rules made under subsection (1) , the Tribunal may regulate its own procedure. [Act No. 7 of 2004 , s. 8.]

Section 17. Protection of Government, Bureau, Council and members and employees Section The fact that any commodity complies or is alleged to comply with a Kenya Standard or approved specification or has been or is alleged to have been manufactured in accordance with any such specification, or that a standardisation mark is used in connection with any commodity, shall not give rise to any claim against the Government, the Council, or the Bureau, or any member or employee thereof. [Act No. 5 of 1980 , ss. 4 and 8.]

Section 18. Secrecy of information Section 18(1) Any person who is or has been engaged in the administration of this Act who discloses, except for the purpose of the exercise of his functions or when required to do so by a court or under any written law, any information acquired by him in the exercise or purported exercise of his functions under this Act to any other person shall be guilty of an offence. Section 18(2) The disclosure of any information for purposes connected with the administration of this Act shall not prejudice any application made subsequently for registration of a patent under the Patents Registration Act (Cap. 508).

Section 19. Victimization Section 19(1) No employer shall dismiss any person employed by him or reduce the rate or remuneration of that person or otherwise alter the conditions of his employment to conditions less favourable to him or alter his position to his disadvantage relative to other persons employed by that employer by reason of the fact that he believes or suspects (whether or not the belief or suspicion is justified or correct) that that person has given any information which he could be required under this Act to give to an inspector or has complied with any lawful requirement of an inspector or has given evidence in any proceedings under this Act. Section 19(2)(a) to restore a rate of remuneration, or conditions of employment, or the position of an employee, to that which existed immediately before, and with effect from, the date of the reduction or alteration which gives rise to the conviction; Section 19(2)(b) to pay to any employee whose dismissal is the subject of the conviction a sum estimated by the Court to be equal to his total remuneration for any period not exceeding twelve months calculated according to the rate at which he was being remunerated at the time o...

Section 20. Regulations Section 20(1) The Cabinet Secretary, after consultation with the Council, may make regulations generally for the better carrying out of the provisions and purposes of this Act. Section 20(2)(a) make provision for all matters in respect of which fees shall be payable under this Act or the regulations; Section 20(2)(b) prescribe the amount of any such fees and the persons who shall be liable for payment thereof; Section 20(2)(c) prescribe forms to be used under this Act and the regulations; Section 20(2)(d) provide for matters connected with appeals under this Act; Section 20(2)(e) make provision for requiring persons to supply information relevant to the provisions of this Act and the regulations; Section 20(2)(f) prescribe anything which under this Act is to be prescribed, and in particular the procedure to be followed by the Bureau in the performance of any of its functions under this Act.

Section 21. Conflicting standards Section Where there is a conflict between the provisions of a specification declared to be a Kenya Standard under section 9 (1) and a specification made or declared under any other written law the Kenya Standard shall prevail.

Section 22. Transitional provision Section The provisions of section 14C (2)(d) shall not apply to any company, which was in the business of consolidation before the commencement of this Act. [Act No. 5 of 1980 , s. 9, Act No. 23 of 2019 , s. 49.]