Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B84: Inspection requirement 

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

28. Offences in connection with obstruction of inspector
Any person who refuses or fails to produce to an inspector any weight, measure, weighing or measuring instrument in his possession or custody or control for use for trade, whereof the inspector requires the production under this Act, or who obstructs or hinders or assaults an inspector in the performance of any duty or act imposed or authorized by this Act or who fails to comply with any reasonable request made by an inspector in the course of his duty under this Act, shall be guilty of an offence.
29. Presumption concerning possession
Where any weight, measure, weighing or measuring instrument is found in the possession or control of any person carrying on trade or is found on any premises, whether in a building or not and whether open or enclosed, which are used for trade, that person shall be deemed for the purposes of this Act to have the weight, measure or weighing or measuring instrument in his possession for use for trade and the onus of proving the contrary shall be upon him.
31. Prescribed weighing or measuring instrument, etc.
(1) The provisions of this section shall apply to the use for trade a weighing or measuring instrument of such class as may be prescribed.
(2) No person shall use any article for trade as a weighing or measuring instrument to which this section applies, or have any article in his possession for such use unless that article, or weighing or measuring instrument to which this section applies in which that article is incorporated or to the operation of which the use of that article is incidental, has been passed by an inspector as fit for such use and, except as otherwise expressly provided by or under this Act, bears a valid stamp of verification indicating that it has been so passed; and if any person contravenes this subsection, he shall be guilty of an offence and any article in respect of which the offence was committed shall be liable to be forfeited.
(3) Where a person submits any weighing or measuring instrument of a pattern in respect of which a certificate of approval granted under section 30 is for the time being in force, and an inspector is of the opinion that the weighing or measuring instrument is intended for trade for a particular purpose for which it is not suitable, he may refuse to pass or stamp it.
56. Powers of entry and seizure
(1) An inspector may at any reasonable time inspect and test all weights, measures or weighing or measuring instruments which are used or are in any person’s possession, or upon any premises for the purposes of trade, and may cause such weights, measures or weighing or measuring instruments to be compared with the working standards, and may apply such test as may be necessary to determine the accuracy therefor, and may seize and detain such of them as are liable to forfeiture under this Act.
(2) For the purposes of subsection (1), an inspector may enter any shop, factory, store or warehouse, stall, yard or other premises wherein he has reasonable cause to believe that there are any weights, measures, weighing or measuring instruments which he is authorized under this Act to inspect or where any goods are bought, sold, exposed, pre-packed or kept for sale, or weighed or measured for sale or for conveyance or carriage or for any other trade purpose.
(3) An inspector authorized under this section may also inspect and weigh or otherwise measure or count any goods on any premises or at any place where goods are bought, sold or exposed for sale, and may stop any vehicle or person carrying goods for sale or delivery to a purchaser and may enter any premises where goods have been delivered to a purchaser in order to ascertain that the provisions of this Act have been complied with and for any such purpose may use any weighing or measuring instrument which complies with the provisions of this Act and which may be upon such premises; and the inspector may require the production of any documents or records appertaining to the quantity or gauge of such goods and such reasonable assistance from any person present and having an interest in those goods as may be necessary.
(4) An inspector may weigh or otherwise measure any container in or on which any goods are made up and may do anything else as respects the goods or container which is reasonably necessary, and which does not damage or depreciate the goods or container to ascertain whether the requirements of this Act are complied with.
(5) For the purposes of subsection (4), an inspector may if necessary break open any container of goods or open any vending machine in which goods are offered or exposed for sale.
(6) Where an inspector has reasonable cause to believe that any document produced to him under subsection (3) contains any inaccurate statement of quantity or gauge or may be required as evidence in proceedings under this Act, he may seize and detain the document giving in exchange thereof a certificate in the prescribed manner, signed by him to the effect that the document has been seized and giving reasons for the seizure.
(7) An inspector entering any premises by virtue of this section may take with him such other person and such equipment as may appear to him necessary.
(8) If any person discloses to any other person any information with respect to any secret manufacturing process or trade secret obtained by him in premises where he has entered by virtue of this section or any information obtained by him in pursuance of this Act he shall be guilty of an offence unless the disclosure was made in or for the purposes of the performance by him or any other person of the functions under this Act.
(9) For the purposes of this section the powers of an inspector shall include power to require the person in charge of any vehicle carrying goods for sale, or for delivery after sale, by weight or measure to a purchaser to have it check-weighed.
57. Power to make test purchase
(1) An inspector may make such test purchases of goods as may appear expedient for the purposes of determining whether or not the provisions of this Act are being complied with; and the expenses incurred in making any such purchase shall be met from public funds.
(2) An inspector may, in connection with the investigation of any alleged offence arising out of a test purchase involving payment with money, search any person for the money; or enter and search premises, or search any box or receptacle and the contents thereof at the place at which such test purchase has been made, and may seize the money so found and retain any change received for the purchase as evidence of the transaction.
(3) Any goods purchased in pursuance of subsection (1) in respect of which no court proceedings are instituted shall be disposed of in such a manner as the Minister may prescribe. 

Reference of the measure

Part IV para 28 & 29 &31, Part VII 56 & 57 

Measure also domestic

Yes 

Products affected by the measure.

Description

weight, measure, weighing or measuring instrument 

Countries/Regions affected by the measure.

Description

All products