The Government has shown it is committed to protecting Kenyans and the business environment by regulating cargo importation.

To assure Kenyans of the quality of imported goods and to protect local manufacturers from unfair competition, regulator Kenya Bureau of Standards (Kebs) has put in place a conformity assessment programme for all imports into the country.

Prior to December 2015, importers had the option of having their cargo inspected pre or post-shipment. Goods not inspected pre-shipment were inspected at the point of entry, for instance, the Port of Mombasa.

The importation process was characterised by delays at the port of entry pending the inspection of goods, non-compliance with set import procedures on the part of traders, and entry into Kenya of sub-standard goods.

Due to these challenges, on November 2 last year, the Government, through Kebs, issued a notice requiring all cargo destined for Kenya to be inspected in the country of origin prior to shipment and importation into Kenya.

The new requirement took effect in December, and made it mandatory for inspections to be undertaken by Kebs-appointed inspection agents in countries of origin. Upon inspection of goods, a Certificate of Conformity (CoC) is issued by the inspecting agent.

A CoC is now a mandatory document for customs clearance in Kenya; any cargo without it is denied entry.

The introduction of this new measure is expected to create a level playing field for importers of similar goods, and minimise the entry of sub-standard and illicit goods into the country.

The new measure is also expected to reduce delays in customs clearance of goods.

It is, therefore, important that importers are aware of the changes in relation to import inspection, and comply with the new requirements to avoid their cargo being denied entry into the country.

No oversight

For instance, notwithstanding the mandatory pre-inspection, certain products coming into Kenya will still be subject to inspection in the country, such as petroleum products.

Kebs has sought to be involved in inspecting petroleum products upon their arrival into Kenya through its contracted surveyors. Previously, the inspection of petroleum products had been left to private surveyors with no oversight from the regulator, which led to inconsistent quality.

It is hoped that the involvement of Kebs in this will improve the compliance of petroleum products to the regulator’s relevant specificiations, or other approved ones.

Separately, certain categories of goods are exempt from inspection requirements. These include goods already regulated by other Government agencies, such as the Pharmacy and Poisons Board; printed matter, such as textbooks and magazines; goods certified by Kebs under the Diamond Mark Scheme; raw materials for processing into finished products; customised machinery not meant for resale; and spare parts for manufacturers’ own use.

To avoid importers having their products rejected, it is important they become aware of the inspection rules governing their specific goods. Perhaps the Government should consider partnering with associations, such as the Kenya Private Sector Alliance (Kepsa) and Kenya Association of Manufacturers (KAM), to ensure importers are aware of the possible pitfalls in importation.

This would spare them the frustration of having their consignments denied entry into Kenya.

The writer is assistant manager, PwC Tax Services.

[email protected]

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