7. Standards Act, 1974 (Cap 496)

The Act promote the standardisation of the specification of commodities, to provide for the standardisation of commodities and codes of practice; to establish the Kenya Bureau of Standards.

Quick Link: https://new.kenyalaw.org/akn/ke/act/1973/17/eng@2024-12-27

· The statute seeks to promote the standardisation of the specification of commodities, to provide for the standardisation of commodities and codes of practice; to establish the Kenya Bureau of Standards and define its functions and provide for its management and control and other related matters.

· Section 9 of the Act provides that the National Standards Council may prescribe any specification or code of practice prepared by the Kenya Bureau of Standards as a Kenyan standard. Once declared and placed in the Gazette by the Minister, no person is allowed to manufacture or sell any commodity, method or procedure to which the relevant specification or code of practice relates unless it complies with the code or specification. The set standards are usually enforced through market surveillance and product certification. This provision is particularly relevant in the construction sector given that many construction inputs and materials such as stones, steel, cement, glass as well as construction technologies are often prescribed standards that then must be adhered to. This has implications on what construction materials may be employed, and these also have cost implications.

· In regard to the above, the Kenya Bureau of Standards (KEBS) recently developed standards for major construction materials including: ‘cement (KS EAS 18-1), steel for the reinforcement of concrete (KS EAS 412-1,2&3), Structural steel for construction (KS 572), Natural Aggregates for Concrete (KS 95), Natural Building Stones (KS 965), Stabilized Soil blocks (1070), Concrete Masonry Units (KS 625), Concrete (KS 594 ), Factory Made Products of Expanded Polystyrene (EPS)-KS 2620, Clay Roofing Tiles (KS 431), Concrete Roofing Tiles (KS 444), Burnt Clay Bricks (KS 300), among others.’[1]

· KEBS has also developed product, service and technological standards for the construction industry, particularly targeting SMEs and local innovations and manufacturing for continuous conformity assessment (through Quality Assurance, Market Surveillance, Imports and Testing). The standards developed in support of SMEs include: KS 2913: 2020 Plastic composite paving blocks –Specification, KS 2928:2021 Plastic composite roofing tiles – Specification and KS 2620:2019 Structural and thermal products for Building – Factory made products of expanded polystyrene (EPS)-Specification.[2]

· KEBS recently raised an alarm over the use of substandard roofing materials.[3]

· KEBS is currently involved in the process of preparing standards for alternative building/construction materials, which are key for affordable housing given their relatively lower costs compared to traditional materials. This needs to be expedited.

· Section 14 of the Act provides for powers of inspectors appointed by the Minister including entering upon any premises to examine the commodities to ascertain whether they comply with the standardization set and take appropriate action including destruction.

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[1] Joseph Muia, ‘KEBS announces new standards for major construction materials’ (Citizen Digital, April 01, 2022) <https://www.citizen.digital/business/kebs-announces-new-standards-for-major-construction-materials-n295635 >

[2] <https://www.kenyaengineer.co.ke/kebs-develops-standards-for-major-construction-materials/ >

[3] <https://www.kenyaengineer.co.ke/kebs-raises-alarm-over-substandard-roofing-products/ >