The Kenya Bureau of Standards (KEBS) is facing criticism from lawmakers over proposed regulations that would allow the quality assurance bureau to conduct "covert operations" during market surveillance. Members of the National Assembly's Departmental Committee on Delegated Legislation questioned KEBS on the need for the term, warning that it could create legal and accountability problems for the standards regulator.
The House team, chaired by Ainabkoi MP Samuel Chepkonga, was scrutinizing the draft Standards (Market Surveillance) Regulations, 2026, before their publication. The proposed market surveillance regulations seek to create uniform procedures for KEBS investigations, inspections, sampling, testing, and enforcement. Garissa Township MP Mohamed Dekow questioned the necessity of using the term "covert operations" in the proposed regulations.
KEBS officials explained that the measure would allow inspectors to visit vendors without prior notice, buy products, and have them tested to determine whether they meet the required standards. However, Chepkonga urged the regulator to replace the term with language that clearly reflects its legal mandate, suggesting that "impromptu inspections" would be a more suitable term.
The lawmakers also expressed concerns over whether KEBS would be able to conduct effective market surveillance without compromising the rights of businesses. Samburu County MP Pauline Lenguris said the committee needed to understand the reasons behind some of the enforcement measures proposed in the regulations. She noted that giving traders advance notice of inspections could undermine enforcement.
Kilgoris MP Julius Sunkuli called on KEBS to simplify the language used in the regulations so that ordinary Kenyans can understand their rights and obligations. His sentiments were lauded by the Committee vice-chairman Robert Gichimu, who noted that the regulations should be accessible to all stakeholders and not only lawyers.
The MPs were considering the draft regulations during a pre-publication scrutiny retreat aimed at determining whether proposed statutory instruments comply with the Constitution, enabling legislation, and other written laws. The committee is also examining the extent to which the proposed rules remain within the powers delegated to the regulator.
The House team subsequently directed KEBS to ensure that enforcement operations are transparent, accountable, and firmly grounded in the law. This, the lawmakers argued, would help protect consumers while also safeguarding the rights of businesses during inspections and enforcement.
Key points
- KEBS' proposed regulations have sparked concerns over transparency and accountability.
- Lawmakers suggest replacing "covert operations" with "impromptu inspections" to reflect KEBS' legal mandate.
- The regulations aim to create uniform procedures for KEBS investigations, inspections, and enforcement.
