The Kenya Bureau of Standards (KEBS) has drafted a raft of new regulations aimed at strengthening market surveillance, product certification, and consumer protection while addressing regulatory gaps that have emerged amid rapid technological and operational changes.
The proposed regulations include the Standards (Product Certification) Regulations, 2026; Standards (Market Surveillance) Regulations, 2026; Standards (Scientific and Industrial Metrology) Regulations, 2026; Standards (Testing and Designation of Laboratories) Regulations, 2026; and Standards (Handling of Conditionally Released and Rejected Imports) Regulations, 2026.
According to KEBS, some of the existing regulations have been in place for more than four decades, with the product certification regulation dating back to 1977.
The Bureau says the existing framework has not kept pace with changes in industry, trade, and consumer markets, resulting in several operational and regulatory gaps, including an outdated and narrow legal framework, a lack of a legal basis for the Diamond Mark of Quality, weak and unclear enforcement mechanisms, and an absence of a structured certification process and public register, as well as an outdated and undifferentiated fee structure.
The Draft Product Certification Regulations seek to modernise and formalise Kenya’s product certification framework by replacing the 1977 instrument. They clarify eligibility and certification procedures, formalise the Diamond Mark of Quality, provide regulatory clarity for businesses, and facilitate local, regional, and international trade.
KEBS conducted public participation on the draft regulations in Mombasa, Garissa, Meru, Nyeri, Nakuru, Eldoret, Kakamega, Kisumu, and Nairobi between May 18 and June 3, 2026, bringing together stakeholders from all 47 counties, including manufacturers, micro, small, and medium enterprises (MSMEs), importers, and members of the public.
KEBS Managing Director (MD), Esther Ngari, and National Standards Council Chairman, Chris Wamalwa, informed the National Assembly Committee on Delegated Legislation during a public participation forum in Mombasa that the regulatory gaps had limited the Bureau’s ability to assure the quality and safety of certified products, created uncertainty for manufacturers and importers, and constrained Kenya’s ability to compete effectively in local, regional, and international trade.
In the course of clearing cargo, KEBS is required to test imported commodities in line with its mandate. However, factors such as demurrage costs, congestion at ports of entry, the space required to sample bulky consignments, and the time needed to conduct certain tests sometimes force the Bureau to release goods conditionally to importers pending testing.
The current framework governing conditionally released goods has continued to face significant operational and regulatory gaps, weakening KEBS’ ability to effectively discharge its mandate.
The Standards (Handling of Conditionally Released and Rejected Imports) Regulations, 2026, seek to strengthen controls over the handling of conditionally released and rejected goods.
The existing framework has been characterised by gaps and weak controls, resulting in rejected products being stored for excessively long periods before disposal.
This has sometimes led to the loss or diversion of the goods, exposing the public to the risk of substandard products finding their way into the market.
National Assembly Delegated Committee Chairman, Samuel Chepkonga, said the committee had agreed on several areas that KEBS needed to amend before the regulations were published. He commended the Bureau for involving legislators in the public participation process.
“They have adopted a very cautious approach in which they have approached the committee so that they can also conduct public participation with the members of parliament to consider several draft regulations,” said Chepkonga.
He added, “KEBS plays a very pivotal role in ensuring that standards are kept in this country so that the products that are imported into this country meet the Kenyan standards that have been established under a number of legislations and regulations.”
Chepkonga noted that the committee was seeking to replace some regulations that had become outdated.
“As you know, the technology has moved on, and the regulations also must keep in step with the technology globally.”
National Standards Council Chairman Chris Wamalwa said many unregulated goods could be entering the country, adding that the proposed Market Surveillance Regulations, 2026, would empower KEBS to seize such products.
“We are trying to put these regulations in place to be able to cope with the current mandate. Any product that comes to this country must be approved by KEBS. We must ensure that the standards conform to the standards that exist,” said Wamalwa.
KEBS MD Esther Ngari said the Bureau had received valuable input from the committee during the pre-publication scrutiny, which would be considered in the final drafts.
“This was a very useful session, and we shall incorporate all the comments and bring them back for publishing,” stated Ngari.
By Sadik Hassan
