The Kenya Bureau of Standards (KEBS) is pushing for a new law, the Standards Bill, 2025, that will introduce stringent measures to combat the proliferation of unsafe and counterfeit goods in the Kenyan market. The bill, which is set to replace the five-decade-old Standards Act, proposes significant penalties, including fines of up to KSh 10 million and imprisonment for up to ten years for individuals found manufacturing, distributing, or importing non-compliant products.

KEBS Managing Director Esther Ngari, speaking to the National Assembly's Committee on Trade, Industry and Cooperatives, emphasized that the legislation is a strategic modernization aimed at safeguarding market integrity, enhancing public protection, and promoting industrial competitiveness. She noted that Kenya's existing legal framework for standardization has not kept pace with the country's diversified manufacturing base and the growing consumer demand for higher safety and environmental standards.

Expanded Powers and Stricter Enforcement

A key component of the proposed law is the expansion of KEBS's enforcement powers. If the bill is enacted, KEBS inspectors will have the authority to halt production, seize non-compliant goods, and mandate recalls for unsafe products. This is a shift towards more preventative measures that prioritize public safety.

The bill also provides for the licensing and registration of manufacturers, importers, and calibration service providers to increase transparency and traceability throughout the supply chain. Furthermore, it criminalizes the impersonation of KEBS officials, with offenders facing up to five years in prison or a fine not exceeding KSh 5 million, or both. Those who illegally use KEBS certification marks could face a KSh 5 million fine or a five-year jail term.

Protecting Consumers and Boosting Trade

The primary goal of the Standards Bill, 2025, is to protect Kenyan consumers by ensuring all products meet minimum safety and quality thresholds. The bill introduces mandatory compliance for products that have a direct impact on health, safety, or the environment. This is seen as a critical step in preventing the circulation of unsafe or counterfeit goods within the country.

In addition to consumer protection, the bill aims to turn standards into tools for business growth and export readiness. By aligning with global best practices, the new framework is expected to enhance the competitiveness of Kenyan products in regional and international markets. KEBS National Standards Council Chairman, Dr. Chris Wamalwa, highlighted the urgency of the bill, stating that the current 1974 Act is outdated and that regional and global commitments necessitate harmonization.

Stakeholder Engagement and Due Process

To ensure fairness and accountability, the bill proposes the establishment of a Standards Tribunal. This tribunal, chaired by a person qualified to be a High Court judge, will handle appeals against KEBS's decisions on licensing, certification, and enforcement actions, balancing robust enforcement with the rights of businesses and investor confidence.

The Ministry of Investments, Trade and Industry is spearheading nationwide public consultations on the bill to gather feedback from stakeholders, including industry associations, consumer rights groups, and small and medium-sized enterprises (SMEs). These consultations, which have been held across various regions, aim to address concerns and incorporate diverse perspectives before the bill is tabled in Parliament. Members of the public have been invited to submit their written feedback to KEBS.

The proposed legislation is part of a broader government effort to modernize Kenya's quality infrastructure and is anchored in the constitutional right of consumers to goods and services of reasonable quality. If passed, the Standards Bill, 2025, will represent one of the most significant reforms in Kenya's industrial and regulatory landscape.