Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

Date when the measure came into force

01 February 1988 

Publication where the measure is specified

Act No: CAP. 513 Act Title: WEIGHTS AND MEASURES 

Regulation where the measure is specified

Weights and Measures Act, 1987 

Country/Region applying the measure

Kenya 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

3. Units of measurement
(1) Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule.
(2) The Second Schedule shall have effect for defining the units of measurement specified in that Schedule for all purposes in Kenya.
4. Measurement of weight
(1) The kilogram shall be the base unit of measurement of mass by reference to which any measurement of weight shall be made in Kenya.
(2) The measurement of the weight of an item may be expressed in the same terms as its mass by reference to the units of measurement set out in Part I of the Second Schedule.
5. Measurement of length
The metre shall be the base unit of measurement of length by reference to which any measurement of length shall be made in Kenya.
6. Measurement of time
The second shall be the base unit of measurement of time by reference to which any measurement of time shall be made in Kenya; and it shall have the meaning assigned by an order made by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the second in force at the date of the making of the order.
7. Measurement of electric current
The ampere shall be the base unit of measurement of electric current by reference to which any measurement of electric current shall be made in Kenya; and it shall have the meaning assigned by an order made by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the ampere at the date of the making of the order.
8. Measurement of thermodynamic temperature
The kelvin shall be the base unit of measurement of thermodynamic temperature by reference to which any measurement of thermodynamic temperature shall be made in Kenya; and it shall have the meaning assigned by an order made by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the kelvin at the date of the making of the order.
9. Measurement of luminous intensity
The candela shall be the base unit of measurement of luminous intensity by reference to which any measurement of luminous intensity shall be made in Kenya; and it shall have the meaning assigned by an order made by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the candela at the date of the making of the order.
10. Measurement of amount of substance
The mole shall be the base unit of measurement of the amount of substance by reference to which any measurement of the amount of substance shall be made in Kenya; and it shall have the meaning assigned by an order made by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the mole at the date of the making of the order.
11. Offence to use unauthorized units of measurement
Any person who uses for trade any unit of measurement which is not authorized by this Act shall be guilty of an offence.
19. Units of measurement, weights and measures lawful for use for trade
(1) No person shall—
(a) use for trade any weight or measure which is not authorized by this Act; or
(b) use for trade, or have in his possession or control for use for trade any weight or measure of a denomination other than those specified in Part I of the Third Schedule.
(2) No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones, pearls, precious metals or articles made therefrom.
(3) Except as may be prescribed and subject to any rules made under section 33, no capacity measure specified in Part I of the Third Schedule shall be used for trade by means of any division or subdivision marked thereon as a capacity measure of any lesser quantity.
(4) Any person who contravenes the provisions of this section shall be guilty of an offence and any weight or measure used or in the possession of any person or control for use for trade in contravention of any of those provisions shall be forfeited.
20. Offences for use or possession of certain weighing or measuring instruments
Every person who uses or has in his possession or control for use for trade a weighing or measuring instrument not constructed to indicate in terms of some weight or measure authorized by this Act shall be guilty of an offence and the weighing or measuring instrument shall be forfeited.
21. Offences relating to false or unjust weights, measures or weighing or measuring instruments
Every person who uses or has in his possession or control for use for trade any weight, measure, weighing or measuring instrument which is false or unjust shall be guilty of an offence and the weight, measure, weighing or measuring instrument shall be liable to be forfeited.
26. Offences in connection with stamping of weights, measures, weighing or measuring instruments
(1) Any person who, in the case of any weight, measure or weighing or measuring instrument used or intended to be used for trade—
(a) not being an inspector or a person acting under the instructions of an inspector, marks in any manner any plug or seal used or designed for use for the reception of a stamp;
(b) forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp;
(c) removes any stamp and inserts it into any other such weight, measure or weighing or measuring instrument;
(d) makes any alteration in the weight, measure or weighing or measuring instrument after it has been stamped such as to make it false or unjust; or
(e) severs or otherwise tampers with any wire, cord or other thing by means of which a stamp is attached to the weight, measure or weighing or measuring instrument,
shall be guilty of an offence:
Provided that nothing in this subsection shall apply to the destruction or obliteration of any stamp, plug or seal, or anything done in the course of the adjustment or repair of any weight, measure or weighing or measuring instrument by, or by the duly authorized agent of, a person who is a manufacturer of or regularly engaged in the business of repairing, such weight, measure or weighing or measuring instrument.
(2) Any person who uses for trade, sells exposes or offers for sale or in any manner disposes of any weight, measure or weighing or measuring instrument which to his knowledge—
(a) bears a stamp which is a forgery or counterfeit or which has been transferred from another weight, measure or instrument, or which has been altered or adjusted otherwise than as permitted by or under this Act; or
(b) is false or unjust as a result of an alteration in the weight, measure, weighing or measuring instrument after it has been stamped,
shall be guilty of an offence.
(3) Any weight, measure or weighing or measuring instrument in respect of which an offence under this section is committed and any stamp or stamping instrument used in the commission of the offence shall be forfeited. 

Reference of the measure

Part II para 3-11, part IV 19-21 & 26 

Measure also domestic

Yes 

Products affected by the measure.

Description

weight and measure instruments 

Countries/Regions affected by the measure.

Description

All countries