Mombasa: The Kenya Bureau of Standards (KEBS) has drafted a series of new regulations designed to strengthen market surveillance, product certification, and consumer protection by addressing regulatory gaps that have emerged amid technological and operational changes.
According to Kenya News Agency, some of the existing regulations have been in place for over four decades, with the product certification regulation dating back to 1977. The current framework has struggled to keep pace with changes in industry, trade, and consumer markets, resulting in several operational and regulatory gaps. These include an outdated legal framework, the lack of a legal basis for the Diamond Mark of Quality, unclear enforcement mechanisms, an absence of a structured certification process and public register, and an outdated fee structure.
The Draft Product Certification Regulations aim to modernize Kenya’s product certification framework by replacing the 1977 instrument. They seek to clarify eligibility and certification procedures, formalize the Diamond Mark of Quality, provide regulatory clarity for businesses, and facilitate local, regional, and international trade.
KEBS engaged in public participation on the draft regulations in several cities, including Mombasa, Garissa, Meru, Nyeri, Nakuru, Eldoret, Kakamega, Kisumu, and Nairobi, between May 18 and June 3, 2026. This involved stakeholders from all 47 counties, such as manufacturers, micro, small, and medium enterprises (MSMEs), importers, and the public.
KEBS Managing Director Esther Ngari and National Standards Council Chairman Chris Wamalwa informed the National Assembly Committee on Delegated Legislation during a forum in Mombasa that the regulatory gaps had limited the Bureau’s ability to assure the quality and safety of certified products. These gaps also created uncertainty for manufacturers and importers and constrained Kenya’s ability to compete effectively in trade.
KEBS is required to test imported commodities in line with its mandate during cargo clearance. However, factors such as demurrage costs, port congestion, the space required for sampling, and the time needed for tests sometimes force the Bureau to release goods conditionally to importers pending testing.
The existing framework for conditionally released goods has faced significant operational and regulatory gaps, weakening KEBS’ ability to effectively discharge its mandate. The Standards (Handling of Conditionally Released and Rejected Imports) Regulations, 2026, aim to strengthen controls over these goods. The current framework’s gaps and weak controls have resulted in rejected products being stored for long periods before disposal, sometimes leading to loss or diversion and exposing the public to substandard products.
National Assembly Delegated Committee Chairman Samuel Chepkonga noted that 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, emphasizing KEBS’ pivotal role in maintaining standards.
Chris Wamalwa highlighted the risks of unregulated goods entering the country and stated that the proposed Market Surveillance Regulations, 2026, would empower KEBS to seize such products. Esther Ngari remarked that the Bureau had received valuable input from the committee, which would be considered in the final drafts.
