Petition Filed at Malindi High Court to Nullify KEBS Conformity Rules Over ‘Illegal Fees’

By : Mweru Mbugua 

A petition has been filed at the Malindi High Court seeking to have the Standards (Verification of Conformity to Standards and Other Applicable Regulations) Order, Legal Notice No. 78 of 2020, declared unconstitutional, null and void

Petitioners Francis Njoroge Wanjiku and Martin Kimutai Chesire argue that the legal notice contravenes multiple provisions of the Constitution of Kenya, including Articles 10, 11, 27, 40, 46 and 47. They contend that the order violates principles of public participation, equality and non-discrimination, protection of property rights, consumer rights and the right to fair administrative action

The case also challenges the legality of the Conformity Assessment Procedure and the Pre-Export Verification of Conformity to Standards (PVoC) programme, which applies to all goods imported into Kenya. The petitioners claim the framework introduces illegal and unconstitutional fees, including inspection charges and royalties allegedly collected by contracted inspection bodies on behalf of the Kenya Bureau of Standards

According to the court documents, the inspection fees violate constitutional provisions governing public finance and taxation, as well as sections of the Statutory Instruments Act. The petition further argues that the royalty payments amount to unlawful customs duties or taxes imposed on imports without proper legal authority

Additionally, the petition challenges the Import Standardisation Mark (ISM) regime, a product certification scheme administered under KEBS. The applicants are seeking a declaration that the ISM framework and associated public fees  including sticker purchase prices and royalty payments  are illegal and unconstitutional

The petitioners also allege that KEBS and the National Standards Council have abdicated their constitutional supervisory responsibilities. They claim that the current conformity assessment framework undermines citizens’ rights, property, national security, peace and stability

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Among the orders sought is the immediate revocation of Legal Notice No. 78 of 2020, the Conformity Assessment Procedure, the PVoC programme and the ISM regime

The applicants are further requesting orders compelling relevant state agencies to enact a new conformity assessment framework that complies with the Constitution, the Standards Act and applicable international agreements within six months of the court’s decision

They also seek the termination of existing contracts tied to the contested procedures and the publication of audited accounts detailing the collection and utilisation of disputed royalty fees since 2008 for the PVoC programme and since 2015 for the ISM scheme

The petitioners are asking the court to award costs of the case and grant any additional relief it deems appropriate