SPECIAL ISSUE 1191 Kenya Gazette Supplement No. 78 19th June, 2018 (Legislative Supplement No. 34)  LEGAL NOTICE NO. 127 THE STANDARDS ACT (Cap. 496) IN EXERCISE of the powers conferred by Section 20 of the Standards Act, the Cabinet Secretary for Industry, Trade and Co-operatives in consultation with the National Standards Council, makes the following Order— THE STANDARDS (INSPECTION OF IMPORTS) ORDER, 2018 1. This Order may be cited as the Standards (Verification of Conformity to Kenya Standards of Imports Order), 2018. Citation.  2. (1) This Order shall apply to all goods imported into Kenya. (2) Notwithstanding subparagraph (1), the goods specified in the first column of the Schedule shall be exempted from the provisions of this Order subject to the submisssion of the documents specified in the second column.  (3) The goods specified in the Schedule shall be inspected upon arrival at the Port of Entry. Application.  3. A person who imports goods shall ensure that the goods meet Kenya Standards or Approved Specifications. Compliance with standards.  4. The Kenya Bureau of Standards shall appoint an inspection body or bodies in the country of origin of goods to undertake verification of conformity to Kenya Standards or Approved Specifications. Appointment of an inspection body.  5. All goods which are subject to this Order shall be subjected to verification of conformity to Kenya Standards or Approved Specifications in the country of origin by the inspection body or bodies appointed under paragraph 4 and may if the Kenya Bureau of Standards  deems it necessary, be re-inspected at the Port of Entry.  Verification of conformity.  6. (1) The Kenya Bureau of Standards shall issue a Certificate of Conformity in respect of goods that conform to the Kenya Standards or Approved Specifications and a non-conformity report in respect of goods which do not. Certificate of conformity and non-conformity report.  (2) Any goods, which do not conform to the Kenya Standards or Approved Specifications, shall not be permitted into Kenya and shall be rejected and destroyed at the expense of the importer.  7. (1) Any goods which are subject to this Order and which arrive at the Port of Entry without a Certificate of Conformity from countries where appointed inspection body or bodies are not present, shall be Quality determination   Kenya Subsidiary Legislation, 2018  
 1192 subjected to verification of Conformity to Kenya Standards or Approved Specifications to determine quality at the expense of the importer. (2) Where goods subjected to quality determination under subparagraph (1) are found not to be in conformity with the Kenya Standards or Approved Specifications, such goods shall be rejected and destroyed at the expense of the importer. 8. (1) The Kenya Bureau of Standards may, with the approval of the Cabinet Secretary, carry out destination inspection on goods arriving without a Certificate of conformity. (2) Goods subjected to destination inspection in paragraph 8 (1) above shall be subjected to inspection at the Port of Entry upon payment by the importer of an inspection fee of twenty per centum of the approved customs value. Destination and Inspection  9. The Cabinet Secretary may, on the advice of Kenya Bureau of Standards, exempt any imports from the provisions of this Order where the Cabinet Secretary is satisfied that it is in the national interest to do so. Exemption.  10. The Verification of Conformity to Kenya Standards of Imports Order, 2005 is revoked. Revocation of L.N. 78/2005  SCHEDULE 1 CRITERIA FOR EXEMPTION OF SPECIFIC IMPORTERS FROM PVOC REQUIREMENTS SN CATEGORY DOCUMENTS REQUIRED 1.  Products regulated by other government agencies with scopes of regulation that fully cover quality specifications of Kenya standards declared under section 9(1) of The Standards Act (Cap. 496). (i.) Proof of quality certification by the regulator(s), or (ii.) Import permits  (iii.) Any other relevant documents.  2.  Raw materials, machinery and spares imported by registered manufacturers for own use Certificate of registration of the manufacturer by the Kenya Bureau of Standards (KEBS) or any other agency responsible for regulating the manufactured products.  3.  Goods imported by diplomats and diplomatic missions Form PRO 1A or 1B issued by the Ministry of Foreign Affairs. 4.  Courier parcels with a value to be specified by KEBS. Parcel handler’s license issued by the Communications Authority of Kenya 5.  Printed matter and copyrighted digital materials (e.g. textbooks, periodicals, diaries, labels, recorded digital media, magnetic media etc.) Evidence that it is printed matter. Kenya Subsidiary Legislation, 2018 
 1193 SN CATEGORY DOCUMENTS REQUIRED 6.  Goods certified by the Kenya Bureau of Standards (KEBS) under the Diamond Mark Scheme  The Kenya Bureau of Standards (KEBS) Product Certification Permit 7.  Goods manufactured within the East African Community (EAC)  (i.) Certificate of Origin (ii.) Product Certification Permit or Certificate of Analysis issued by the respective National Standard Body of origin. 8.  New vehicles  Warranty from the vehicle manufacturers 9.  Used personal effects, excluding motor vehicles, belonging to returning residents and arriving expatriates. Approval by the Kenya Revenue Authority (KRA) 10.  Used vehicles and mobile equipment (including bulldozers, agricultural tractors excavators, graders and other off-road vehicles) from countries where KEBS does not have a motor vehicle inspection arrangement Proof of origin 11.  General consumables (stores) imported by International carriers  for inflight / ships services Proof of licensing as international carrier. 12.  Re- imports Re-importation certificate issued by the Kenya Revenue Authority (KRA) 13.  CKDs for motor vehicle and motor cycle assembly Certificate of registration of the assembler by the Kenya Bureau of Standards (KEBS) Dated the 7th June, 2018.  ADAN MOHAMED, Cabinet Secretary for Industry, Trade and Co-operatives.             PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI