Lawmakers question KEBS planned use of 'covert operations' during market inspections

Kenya Bureau of Standards (KEBS) offices in Nairobi.[File, Standard]

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 scrutinising 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 why KEBS needed to use the term “covert operations” in the proposed regulations.

To which 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.

Chepkonga, however, urged the regulator to replace the term with language that clearly reflects its legal mandate.

“You will appear without notice, and KEBS is a public entity that should operate with transparency. You should use impromptu inspections rather than covert operations,” said the chairperson.

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 however, was of the view that giving traders advance notice of inspections could undermine enforcement because some vendors might change their conduct before inspectors arrive.

 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 Standards (Market Surveillance) Regulations are among eight sets of draft regulations and orders under scrutiny.

Others are the Standards (Handling of Conditionally Released and Rejected Imports) Regulations, 2026; Standards (Product Certification) Regulations, 2026; Standards (Testing and Designation of Laboratories) Regulations, 2026; and Standards (Scientific and Industrial Metrology) Regulations, 2026.

The committee is also scrutinising the Fertiliser and Animal Foodstuffs (Fertiliser) Regulations, 2026, the Privileges and Immunities (Ford Foundation) Order, 2026, and draft regulations under the Civil Aviation Act.

The market surveillance regulations under the purview of KEBS also provide for tracking products through the supply chain and allow for corrective measures, including reworking, recycling, withdrawal and recall of products that fail to meet required standards.

The framework further provides for the release of goods found to be compliant.

The House team subsequently directed KEBS to ensure that enforcement operations are transparent, accountable and firmly grounded in the law. This, the lawmakers argued that this would help protect consumers while also safeguarding the rights of businesses during inspections and enforcement.