Product Compliance
in Kenya

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PRODUCT COMPLIANCE IN KENYAIntro

Product compliance in Kenya is governed by various regulations and standards to ensure the safety, quality, and efficacy of goods available in the market. The Kenyan government, through the Kenya Bureau of Standards (KEBS), plays a crucial role in establishing and enforcing these standards.

One of the primary regulations is the Kenya Standards Act, which empowers KEBS to develop, maintain, and promote compliance with national standards. Products must adhere to these standards to guarantee that they meet the required specifications, including safety, performance, and labeling.

Imported products face scrutiny at various points in the supply chain. Importers are often required to obtain a Certificate of Conformity (CoC) issued by recognized conformity assessment bodies. These certificates confirm that the products comply with Kenyan standards before entering the market. The CoC is an essential document for customs clearance and serves as proof of compliance.

kenya product regulations
kenya compliance mark

Standardization in Kenya

The government regulatory body in Kenya that is authorized to prepare standards relating to products, measurements, materials and industrial processes and promoting them at national, regional, and international levels is the Bureau of Standards (KEBS) which comes under Kenya’s Ministry of Trade and Industrialization.

KEBS conducts the processes of product testing for different product categories and undertakes certification.

KEBS is mandated through Legal Notice No. 78 of 15th July 2005 to inspect and certify imported products either in the Country of Supply or at Port of Entry in Kenya (i.e. destination inspection). KEBS is therefore implementing a Pre- Export Verification of Conformity (PVoC) to Standards programme in line with the Legal Notice No. 78 to ensure that certain products undergo mandatory inspection in the country of supply.

Kenyan Pre-Export Verification of Conformity PVoC

Conformity Assessment: All imported products that are regulated have to obtain, prior to shipment, a Certificate of Conformity (CoC) issued by authorized Pre-Export Verification of Conformity PVoC country offices (programs managed by external testing agencies) and also an import standard mark (ISM).

Any products arriving at points of entry to Kenya without the mandatory CoC and ISM can be delayed and even prohibited from admission into the country.

ISM Mark

Since 1st August 2015, KEBS has developed and implemented secure Quality Marks/stickers that are complete with Track and Trace software. The goal of the project was to protect  KEBS Quality Marks from faking and to establish a system of on-field real-time validation and verification of goods marked with the Quality Marks by the KEBS. The system will ensure consumers as for authenticity and validity of certification of goods before purchase.

The ISM refers to specific consignments. The mark has to be applied in case of all products that may affect health and safety, environment, food and foodstuffs, electrical fittings, electrical appliances and accessories, and infant products and toys. However, despite these regulatory requirements, there is a large volume of false and counterfeit products on the Kenyan market, which results from informal wide arrangements with customs officials.

All imported products intended to be sold in the local market are subject to the ISM system. All importers are required to purchase Import Standardization Mark (ISM) stickers directly from KEBS and apply for it by submitting Copies of Certificate of Conformity, Import Declaration Form and Customs Entry to KEBS.

Application for ISM

  1. Where COC is obtained through Route A or B as provided for in the PVoC guidelines the importer shall apply for issuance of ISM stickers by completing an application form and submitting to KEBS together with copies of CoC, Customs Entry, IDF and Packing list.
  2. For Goods not accompanied with the COC, the test report used to clear the goods at the point of entry will form the basis of issuance of ISM and the Importer will be required to complete an application form and submit to KEBS together with copies of Customs Entry, IDF, Test Report and receipt of payment of the requisite penalties for goods that were subject mandatory inspection in the country of supply.
  3. For licensed products (Route C of the PVOC programme), the importer shall apply for issuance of ISM stickers by completing an application form and submitting to KEBS together with a copy of the PVoC License issued by KEBS appointed inspection agent to the exporter. The importer shall provide half year estimated quantities of licensed product(s) retail/ sale units expected to be imported into Kenya and pay for the same.
  4. The importer shall pay for stickers required for ALL the retail units certified during submission.
  5. Application for ISM stickers MUST be submitted before KEBS final clearance of the goods from the Port of Entry.
  6. Application for ISM stickers may be submitted before goods arrival in Kenya.

Kenyan Radio Type Approval

The Communications Authority of Kenya (CA) is authorized to approve and accept all telecommunications equipment intended to operate within the public telecommunications networks in Kenya and also to accept radio communication equipment to be used in the country. Type Approval is done only once, independently for each model of equipment.

Equipment that are subject of approval

All communications equipment intended to send, process or receive information within the public telecommunications network is subject to type approval by the Authority.  Type approval is done only once for each model of equipment.

Examples of the said communication equipment include but are not limited to:

  • Mobile cellular devices (2G/3G/4G and future generations)
  • Public Switched Telephone Network equipment (PABX, Fax, telephone handsets)
  • Radio communication equipment (CB, HF, UHF,VHF, Microwave, Satellite, Broadcast transmitters)
  • Data equipment (Routers, modems, switches)
  • Digital Set top boxes (Satellite and Cable)

All companies that intend to market/sell or use communication equipment in Kenya have to apply for type approval/acceptance of this equipment.

Only properly  licensed companies are entitled to market/sell communication equipment, however first they have to obtain type approval from the Authority for each model of equipment they intend to sell.

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