Kenya Imposes Certification Requirements on Electronic Devices, Food Products, and Building Materials

Kenya has introduced mandatory certification frameworks for a range of consumer goods, including electronic devices, food products, and building materials, to ensure compliance with national safety and quality standards.

Compliance Overview: Kenya’s Mandatory Product Certification Frameworks

Kenya’s Standards (Product Certification) Regulations, 2026 (the "Regulations"), issued under the Standards Act, Cap 496, establish mandatory certification frameworks for consumer goods, including electronic devices, food products, and building materials. These frameworks require manufacturers and importers to obtain Product Certification Marks—primarily the Standardization Mark (mandatory for locally manufactured products subject to mandatory standards) and the Diamond Mark of Quality (voluntary, awarded for consistent compliance)—to ensure safety, quality, and trade facilitation¹.

Regulation Analysis

1. Applicability and Scope

The Regulations apply to:

• Any product subject to a mandatory standard.
• Any product for which an approved specification applies.
• Locally manufactured products must bear the Standardization Mark if a mandatory standard exists.
• The Diamond Mark of Quality is awarded to products demonstrating consistent compliance with relevant standards or specifications.

Key Authority: Kenya Bureau of Standards ("Bureau").

2. Product Certification Marks

3. Eligibility for Certification

Standardization Mark Permit

To qualify, an applicant must:

1. Be a registered legal entity.
2. Have a physical address in Kenya.
3. Demonstrate capacity to manufacture the product in Kenya in accordance with standards/specifications¹.

Diamond Mark of Quality Permit

To qualify, an applicant must:

1. Be a registered legal entity.
2. Have a physical address in Kenya.
3. Demonstrate consistent compliance with applicable standards/specifications¹.

4. Application Process

Steps

1. Submit Application:
   • Use forms in the Second Schedule (e.g., PCR 1 for Standardization Mark, PCR 2 for Diamond Mark).
   • Pay fees per the Third Schedule (see Fee Structure below).
2. Bureau Evaluation:
   • Acknowledge receipt, review for completeness, inspect premises, and take samples.
   • Decision within 60 days of receipt:
   • Issue permit if compliant.
   • Reject with reasons; applicant may rectify deficiencies within 30 days for re-evaluation.
3. Scheme of Supervision and Control:
   • Applicant must agree to a product certification agreement outlining responsibilities (e.g., inspections, record-keeping).
4. Grant of Permit:
   • Bureau issues permit if requirements are met.
   • Permit authorizes use of the mark subject to conditions (e.g., compliance with revised standards).

5. Obligations of Permit Holders

Permit holders must:

1. Use the mark only on specified products manufactured at the approved site.
2. Ensure ongoing compliance with standards/specifications.
3. Not transfer the permit to other persons/products/sites.
4. Comply with the Scheme of Supervision and Control (e.g., inspections, record-keeping).
5. Display the mark as prescribed.
6. Bear Bureau costs for inspections/testing.
7. Notify the Bureau of production stoppages.
8. Provide samples for testing at no cost.
9. Comply with revised standards within transitional periods.

Failure to comply may result in suspension or cancellation of the permit.

6. Permit Validity and Renewal

7. Fee Structure

Fees are per product/brand/production site and exclude taxes.

Standardization Mark Fees

Diamond Mark of Quality Fees

*Inspection fees are recovered at cost and vary by product.

8. Enforcement and Penalties

Enforcement Measures

The Bureau may:

1. Halt distribution/sale of non-compliant products.
2. Seize and detain products for testing.
3. Order product recall.
4. Stop use of the mark.
5. Remove non-compliant products from the market.
6. Require corrective action.
7. Publish notices about non-compliant products.

Permit Suspension/Cancellation

The Bureau may suspend or cancel a permit if:

• The holder no longer meets requirements.
• The holder fails to comply with permit conditions.
• Reasons for cancellation are published.

Offences

It is an offence to:

1. Apply a Product Certification Mark without a valid permit.
2. Forge, modify, or misuse a permit/mark.

Penalties are prescribed under Section 15(1) of the Standards Act.

9. Dispute Resolution

1. Review by the Director: Aggrieved parties may request a review.
2. Appeal to the Standards Tribunal: Within 14 days of the decision.

10. Transitional Provisions

• Permits issued under the Standardization Marks (Permits and Fees) Regulations, 1977 remain valid for their unexpired period.
• The 1977 Regulations are revoked.

11. Public Register

The Bureau maintains a publicly available register of certified products, including:

• Permit holder’s name.
• Description of certified products/brands.
• Permit’s unique identification number.

Summary Answer

Kenya’s Standards (Product Certification) Regulations, 2026 mandate the use of Product Certification Marks—primarily the Standardization Mark (mandatory for locally manufactured products under mandatory standards) and the Diamond Mark of Quality (voluntary, for consistent compliance)—to ensure safety and quality¹. Eligible applicants (registered legal entities with a Kenyan address) must submit an application to the Kenya Bureau of Standards, undergo evaluation (including premises inspection and sample testing), and agree to a Scheme of Supervision and Control. Permits are valid for 2 years (Standardization Mark) or 4 years (Diamond Mark) and require renewal. Permit holders must comply with ongoing obligations (e.g., record-keeping, inspections, cost-bearing) or face suspension, cancellation, or enforcement actions. Fees vary by firm size and product type, with inspection costs recovered at actuals. Non-compliance is an offence under the Standards Act, with penalties including fines or imprisonment. Disputes may be escalated to the Standards Tribunal within 14 days. Existing permits under the 1977 Regulations remain valid until expiry.

Sources

1. ↩ WTO TBT notification 26-03434 — Kenya https://members.wto.org/crnattachments/2026/TBT/KEN/26_03434_00_e.pdf