These are the activities carried out and measures taken by the Kenya Bureau of Standards to ensure that products in the Kenyan market comply with the requirements set out in the approved specifications and do not endanger health, safety or the environment.
Role of Market Surveillance
Monitoring of products in the Kenyan market to ensure that they conform to relevant technical regulations (Kenya Standards or Approved Specifications) with respect to health, safety and environmental requirements, and to ensure that fair trade practices are promoted.
Legal Framework for Market Surveillance
Market surveillance is conducted in compliance with Article 46 (1) (a), (b) and (c) of the Constitution of Kenya Revision 2010. Market surveillance is also anchored in the Standards Act and related Regulations (in terms of enforcement of Sections 9, 10 and 12 of the Standards Act and Legal Notice No. 78 of 15th July 2005). Powers of appointments of MS officers as inspectors and powers to carry out MS inspections are drawn from Sections 13 and 14 of the Standards Act. As a result of ongoing East African regional harmonisation of SMCA procedures and regulations, market surveillance in the East African Community is buttressed by Section 6 of the EAC SQMT Regulations 2013.
Key Market Surveillance Activities
- Conducting sector-targeted market surveillance activities (Compliance Assessment) using a programmed schedule of activities and results of product risk assessment;
- Ensuring that all complaints related to substandard and counterfeit products are acknowledged, reviewed, evaluated and investigated to conclusion;
- Initiating and implementing corrective action and preventive actions including seizure, arrests, prosecution and product recalls;
- Gathering and evaluating market intelligence, and advising the organization on strategies to ensure compliance of products in the market;
- Developing and implementing programs to create awareness on product quality issues and consumers' rights and obligations; and
- Partnering with other government and private sector agencies involved in product and service performance monitoring.
Ministry of Health (Public Health Division), Department of Weights and Measures, Pest Control Board, Kenya Dairy Board (KDB), Kenya Plant Health Inspectorate Service (KEPHIS), National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), Consumer Federation of Kenya (COFEK), Competition Authority of Kenya (CAK), Kenya Revenue Authority (KRA), Anti-Counterfeit Agency (ACA), Pharmacy and Poisons Board, Kenya Association of Manufacturers (KAM), Kenya Private Sector Alliance (KEPSA), Kenya National Chamber of Commerce (KNCC), Kenya Police etc.