Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B89: Conformity assessment related to TBT 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

37. Offences relating to transactions in goods
(1) Subject to section 50, where any goods are required, when not pre-packed, to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person shall be guilty of an offence who—
(a) whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or
(b) causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf,those goods otherwise than by quantity expressed in that manner or, as the case may be, otherwise than in that quantity.
(2) Any person shall be guilty of an offence who—
(a) whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell; or
(b) except in the course of carriage of the goods for reward, has in his possession for delivery after sale; or
(c) causes or suffers any other person to have in his possession for sale or for delivery after sale, sell or agree to sell on behalf of the first-mentioned person,any goods to which subsection (3) applies, whether the sale is or is to be, by retail or otherwise.
(3) This subsection applies to any goods—
(a) which are required to be pre-packed only in particular quantities but are not so pre-packed;
(b) which are required to be otherwise made up in or on a container for sale or for delivery after sale only in particular quantities but are not so made up;
(c) which are required to be made for sale only in particular quantities but are not so made;
(d) which are required to be pre-packed only if the container is marked with particular information but are pre-packed otherwise than in or on a container so marked;
(e) which are required to be otherwise made up in or on a container for sale or for delivery after sale only if the container is marked with particular information but are so made up otherwise than in or on a container so marked;
(f) which are required to be pre-packed only in or on a container of a particular description but are not pre-packed in or on a container of that description; or
(g) which are required to be otherwise made up in or on a container for sale or delivery after sale only in or on a container of a particular description but are not so made up in or on a container of that description.
(4) In the case of any sale where the quantity of the goods sold expressed in a particular manner is required to be made known, to the buyer at or before a particular time and that quantity is not so made known the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.
(5) Where any goods required to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are sold, offered or exposed for sale without those requirements being complied with, the seller or person causing the goods to be offered or exposed for sale shall be guilty of an offence.
(6) The preceding provisions of this section have effect subject to sections 46 to 49.
(7) In this section “required” means required under this Act.
38. Quantity to be stated in writing in certain cases
(1) Subject to section 39, this section shall have effect on any sale of goods—
(a) which is required under this Act to be a sale by quantity expressed in a particular manner;
(b) in the case of which the quantity of the goods sold expressed in a particular manner is so required to be made known to the buyer at or before a particular time; or
(c) which, being a sale by retail not falling within paragraph (a) or (b), is, or purports to be, a sale by quantity expressed in a particular manner other than by number.
(2) Subject to subsections (4) to (6), unless the quantity of the goods sold expressed in the manner in question is made known to the buyer at the premises of the seller and the goods are delivered to the buyer at those premises on the same occasion as, and at or after the time when, that quantity is so made known to him, a statement in writing of that quantity shall be delivered to the consignee at or before delivery of the goods to him.
(3) If subsection (2) is contravened then, subject to sections 46 to 49, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.
(4) If at the time when the goods are delivered the consignee is absent, it shall be sufficient compliance with subsection (2) if the statement is left at some suitable place at the premises at which the goods are delivered.
(5) Subsection (2) shall not apply to any sale otherwise than by retail where, by agreement with the buyer, the quantity of the goods sold is to be determined after their delivery to the consignee.
(6) Where any liquid goods are sold by capacity measurement and the quantity sold is measured at the time of delivery and elsewhere than at the premises of the seller, subsection (2) shall not apply but, unless the quantity by capacity measurement of the goods sold is measured in the presence of the buyer, the person by whom the goods are delivered shall immediately after the delivery hand to the buyer, or if the buyer is not present leave at some suitable place at the premises at which the goods are delivered, a statement in writing of the quantity by capacity measurement delivered, and if without reasonable cause he fails so to do he shall be guilty of an offence.
39. Exemptions from requirements of section 38
The Minister may, by order, grant with respect to goods or sales of such descriptions as may be specified in the order, an exemption, either generally or in such circumstances as may be so specified, from all or any of the requirements of section 38.
40. Short weight
(1) Subject to sections 46 to 49, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer—
(a) a lesser quantity than that purported to be sold; or
(b) a lesser quantity than corresponds with the price charged,
shall be guilty of an offence.
(2) For the purposes of this section any statement, whether oral or in writing, as to the weight of any goods shall be taken, unless otherwise expressed, to be a statement as to the net weight of the goods.
41. Misrepresentation
(1) Subject to sections 46 to 49, any person who—
(a) on or in connection with the sale or purchase of any goods;
(b) in exposing or offering any goods for sale;
(c) in purporting to make known to the buyer the quantity of any goods sold; or
(d) in offering to purchase any goods,makes any misrepresentation, whether oral or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity of the goods, shall be guilty of an offence.
(2) Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.
42. Quantity less than stated
(1) If, in the case of any goods pre-packed in or on a container marked with a statement in writing with respect to the quantity of the goods, the quantity of the goods is at any time found to be less than that stated, then, subject to sections 46 to 49—
(a) any person who has those goods in his possession for sale shall be guilty of an offence; and
(b) if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been sold by retail and delivered to, or to a person nominated in that behalf by the buyer, any person by whom or on whose behalf those goods have been sold or agreed to be sold at any time while they were pre-packed in or on the container in question,shall be guilty of an offence.
(2) If—
(a) in the case of a sale of or agreement to sell any goods which, not being pre-packed, are made up for sale or for delivery after sale in or on a container marked with a statement in writing with respect to the quantity of the goods; or
(b) in the case of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document containing such a statement,the quantity of the goods is at any time found to be less than that stated, then, if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been delivered to, or to a person nominated in that behalf by the buyer, and subject to sections 46 to 49, the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence.
(3) Subsections (1) and (2) shall have effect notwithstanding that the quantity stated is expressed to be the quantity of the goods at a specified time falling before the time in question, or is expressed with some other qualification of whatever description, except where—
(a) that quantity is so expressed in pursuance of an express requirement of this Act; or
(b) the goods, although falling within subsection (1) or subsection 2(a)—
(i) are not required by or under this Act to be pre-packed as mentioned in subsection (1) or, as the case may be, to be made up for sale or for delivery after sale in or on a container only if the container is marked as mentioned in subsection 2(a); and
(ii) are not goods on a sale of which (whether any sale or a sale of any particular description) the quantity sold is required under any provision of this Act other than section 38, to be made known to the buyer at or before a particular time; or
(c) the goods, although falling within subsection (2)(b), are not required under this Act to have associated with them such a document as is mentioned in that provision.
(4) In any case to which by virtue of paragraphs (a), (b) or (c) of subsection (3), the provisions of subsection (1) or (2) do not apply, if it is found at any time that the quantity of the goods in question is less than that stated and it is shown that the deficiency is greater than what can be reasonable justified on the grounds justifying the qualification in question, then, subject to sections 46 to 49—
(a) in the case of goods such as are mentioned in subsection (1), if it is further shown as mentioned in that subsection, then—
(i) where the container in question was marked in Kenya, the person by whom, and any other person on whose behalf, the container was marked; or
(ii) where the container in question was marked outside Kenya, the person by whom, and any other person on whose behalf, the goods were first sold in Kenya,shall be guilty of an offence;
(b) in the case of goods such as are mentioned in subsection (2), the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence if, but only if, he would, but for paragraph (a), (b) or (c) of subsection (3) have been guilty of an offence under subsection (2).
(5) Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section 

Reference of the measure

Part V para 37-42 

Measure also domestic

Yes 

Products affected by the measure.

Description

Pre-packaged products 

Countries/Regions affected by the measure.

Description

All countries