A high-stakes legal battle has erupted at the Malindi High Court as petitioners move to ruthlessly dismantle the Kenya Bureau of Standards (KEBS) conformity regulations, arguing that the framework facilitates the unconstitutional extortion of importers through illegal fees and royalties.

The lawsuit targets the Standards (Verification of Conformity to Standards and Other Applicable Regulations) Order of 2020, seeking to have the entire pre-export verification regime declared null and void.

This litigation threatens the core of Kenya's import regulatory framework. If successful, it could dismantle non-tariff trade barriers that inflate the cost of basic consumer goods, directly impacting the wallet of every East African citizen already struggling with a crippling cost of living.

The Crux of the Controversy

Applicants Francis Njoroge Wanjiku and Martin Kimutai Chesire are challenging the legality of the Pre-Export Verification of Conformity to Standards (PVoC) program. They contend that Legal Notice No. 78 of 2020 violates multiple constitutional provisions, including those guaranteeing public participation, fair administrative action, and the protection of property rights.

At the center of the fury are the inspection charges and royalties collected by contracted inspection bodies on behalf of KEBS. The petitioners argue that these levies are essentially unlawful taxes disguised as administrative fees, imposed without proper parliamentary approval or legislative authority, thereby contravening strict constitutional provisions governing public finance.

Breach of International Trade Pacts

The petition elevates the dispute to the international stage by claiming the KEBS regulations violate the World Trade Organisation's (WTO) Technical Barriers to Trade Agreement. By imposing convoluted and expensive conformity assessment procedures, the Kenyan government is accused of erecting unnecessary and unlawful barriers to free trade.

The specific demands laid out in the petition include:

• The immediate revocation of Legal Notice No. 78 of 2020 and the entire PVoC framework.
• A declaration that the Import Standardisation Mark (ISM) regime is illegal and unconstitutional.
• The halting of all associated public fees, including sticker purchase prices and royalty payments, categorized as unlawful customs duties.

National Security and Supervisory Abdication

In a damning accusation, the lawsuit claims that KEBS and the National Standards Council have fundamentally abdicated their supervisory responsibilities. The petitioners assert that outsourcing critical inspection duties to third-party entities not only leads to financial extortion but also threatens national security by undermining the integrity of goods crossing Kenyan borders.

The court's decision will be closely watched by the business community, as it holds the potential to drastically reduce the cost of importation or, conversely, validate the state's aggressive revenue collection strategies.

"The royalty imposed amounts to an unlawful customs duty, levied on imports without a shred of proper legal authority."