The Standards (Inspection of Imports) Order, 2018
(Kenya Gazette Supplement No. 78 of 19th June, 2018 (Legislative Supplement No. 34) – Legal Notice No. 127)
The Cabinet Secretary of Industry, Trade and Cooperatives in consultation with the National Standards Council published the Standards (Inspection of Imports) Order on 7th June 2018 under the Standards Act (Cap. 496).
Application of the Order
The Order applies to all goods imported into Kenya. The provisions of the Order require that a person who imports goods shall ensure that the goods meet Compliance with Kenya Standards or Approved Specifications.
Exemption Provisions and Criteria for Exemption
The Order provides for two possibilities for exemption, which are as follows:
- Exemption of specified goods, which are provided for under the first column of Schedule 1 of the Order. The goods are subject to submission of documents specified in the second column of the same Schedule 1.
The goods proposed for exemption under the Schedule shall be inspected upon arrival at the Port of Entry.
- Exemption by the Cabinet Secretary on the advice of Kenya Bureau of Standards, to exempt any imports from the provisions of the Order where the Cabinet Secretary is satisfied that it is in the national interest to do so.
The exempt goods under Schedule 1 and required documents isas follows:
| SN | CATEGORY | DOCUMENTS REQUIRED TO BE SUBMITTED TO QUALIFY FOR EXEMPTION |
| Products regulated by other government Agencies with scopes of regulation that fully cover quality specifications of Kenya standards declared under section 9(1) of The Standards Act (Cap. 496). | · Proof of quality certification by the regulator(s), or
· Import permits or · Any other relevant documents.
|
|
| Raw materials, machinery and sparesimported by registered manufacturers for own use. | · Certificate of registration of the manufacturer by;
(i) the Kenya Bureau of Standards (KEBS) or (ii) any other agency responsible for regulating the manufactured products. |
|
| Goods imported by diplomats and diplomatic missions. | · Form PRO 1A or lB issued by the Ministry of Foreign Affairs. | |
| Courier parcels with a value to be specified by KEBS. | Parcel handler’s license issued by the Communications Authority of Kenya. | |
| Printed matter and copyrighted digital materials (e.g. textbooks, periodicals, diaries, labels, recorded digital media, magnetic media etc.) | Evidence that it is printed matter.
|
|
| Goods certified by the Kenya Bureau of Standards (KEBS) under the Diamond Product Mark Scheme. | The Kenya Bureau of Standards (KEBS) Certification Permit | |
| Goods manufactured within the East African Community (EAC) | · Certificate of Origin
· Product Certification Permit or Certificate of Analysis issued by the respective National Standard Body of origin. |
|
| New vehicles | Warranty from the vehicle manufacturers. | |
| Used personal effects, excluding motor vehicles, belonging to returning residents and arriving expatriates. | Approval by the Kenya Revenue Authority(KRA) | |
| Used vehicles and mobile equipment(including bulldozers, agricultural tractors excavators, graders and other off-road vehicles) | Proof of origin from countries where KEBS does not have a motor vehicle inspection arrangement | |
| General consumables (stores) imported by International carriers for inflight/ ships services. | Proof of licensing as international carrier. | |
| Re- imports | Re-importation certificate issued by the Kenya Revenue Authority (KRA) | |
| CKDs for motor vehicle and motor cycle | Certificate of registration of the assembler assembly by the Kenya Bureau of Standards (KEBS) |
Inspection of goods
The Order provides for the following provisions with regard to inspections:
- All goods that are subject to the Order shall be subjected to verification of conformity to Kenya Standards or Approved.
- Exempt goods specified under the Schedule 1 of the Order shall be inspected upon arrival at the Port of Entry.
Appointment of an Inspection Body or Bodies in the Country of Origin
The Kenya Bureau of Standards shall appoint an inspection body or bodies in the country of origin of goods to undertake an Inspection verification of conformity to the Kenya Standards or Approved body.
Re-inspection
Specifications in the country of origin by the inspection body or bodies appointed, may if the Kenya Bureau of Standards deems it necessary, be re-inspected at the Port of Entry.
Certificate of Conformity and Non-Conformity Report
The Kenya Bureau of Standards shall;
- Issue a Certificate of Conformityin respect of goods that conform to the Kenya Standards or conformity and Approved Specifications.
- Issue a non-conformity reportin respect of goods which do not meet the required conformity specifications.
Rejection and Destroying of Non-Conforming Goods
Any goods, which do not conform to the Kenya Standards or Approved Specifications, shall not be permitted into Kenya and shall be rejected and destroyed at the expense of the importer.
Goods Arriving Without a Certificate of Conformity
Any goods which are subject to the Order and which arrive at the Port of Entry without a Certificate of Conformity from countries where appointed inspection body or bodies are not present, the goods shall be subjected to verification of Conformity to Kenya Standards or Approved Specifications to determine quality at the expense of the importer.
Where such goods subjected to quality determination are found not to be in conformity with the Kenya Standards or Approved Specifications, such goods shall be rejected and destroyed at the expense of the importer.
Destination Inspection
The Kenya Bureau of Standards may, with the approval of the Cabinet Secretary, carry out destination inspection on goods arriving without a Certificate of conformity. Goods subjected to destination inspection shall be subjected to inspection at the Port of Entry upon payment by the importer of an inspection fee of twenty per centum of the approved customs value.
Revocation of Previous Order
The Verification of Conformity to Kenya Standards of Imports Order, 2005 (L.N. 78/2005) has been revoked by the Order.
For any clarification, on this Order please contact miriam.bomett@kam.co.ke.
For general standards issues, please contact maria.limo@kam.co.ke
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