What is Market Surveillance?
Market surveillance refers to the activities and measures undertaken by the Kenya Bureau of Standards (KEBS) to ensure that products in the Kenyan market comply with approved specifications and do not pose a threat to public health, safety, or the environment. It is a proactive approach to safeguarding consumers and promoting fair trade practices.
Role of Market Surveillance
Monitoring of products in the Kenyan market to ensure that they conform to relevant technical regulations (Kenya Standards or Approved Specifications) with respect to health, safety and environmental requirements, and to ensure that fair trade practices are promoted.
Ensuring Product Compliance
Monitoring of products in the Kenyan market to ensure that they conform to relevant technical regulations (Kenya Standards or Approved Specifications) with respect to health, safety and environmental requirements, and to ensure that fair trade practices are promoted.
Promoting Fair Trade
Monitoring of products in the Kenyan market to ensure that they conform to relevant technical regulations (Kenya Standards or Approved Specifications) with respect to health, safety and environmental requirements, and to ensure that fair trade practices are promoted.
Consumer Protection
KEBS ensures consumers have access to safe and high-quality products, fostering confidence in the market.
Environmental Safety
By ensuring products meet environmental standards, KEBS plays a role in preserving the ecosystem from hazardous goods.
KEBS Market Surveillance Process
Market Research and Identification of Products
Risk Assessment
Planning and Allocation of resources
Inspection of Outlets
Sampling and Testing of Products
Analysis of Results
Reporting and Feedback
Corrective Action and Monitoring
Marketing Surveillance Activities
These are the activities carried out and measures taken by the Kenya Bureau of Standards to ensure that products in the Kenyan market comply with the requirements set out in the approved specifications and do not endanger health, safety or the environment.
Sector-Targeted Market Surveillance
KEBS carries out programmed market inspections based on a risk assessment schedule to target specific sectors. These inspections help identify non-compliant products and prevent unsafe goods from entering the market.
Corrective and Preventive Actions
When substandard products are detected, KEBS takes corrective actions such as product seizures, reworking, and initiating prosecutions. Preventive measures are also implemented to prevent future occurrences of non-compliance.
Awareness Programs
KEBS runs programs to educate both consumers and businesses about the importance of product quality and compliance. These programs help inform the public of their rights and responsibilities, empowering them to report unsafe products and make informed choices.
Complaint Investigations
Any complaints related to substandard products are thoroughly investigated. KEBS ensures that all complaints are acknowledged, reviewed, and acted upon, which may include product recalls, fines, or legal action.
Market Intelligence Gathering
KEBS actively collects and analyzes market data to track trends, detect emerging risks, and ensure proactive compliance with standards. This helps in shaping strategies to improve market surveillance efforts.
Strategic Partnerships
KEBS partners with various governmental and non-governmental organizations to enhance market surveillance activities. These collaborations provide additional resources and expertise, ensuring a more thorough oversight of the market.
Legal Framework
Market surveillance is conducted under a comprehensive legal framework to ensure transparency and accountability. The legal framework includes:
Constitution of Kenya (2010)
- Article 46 (1) (a), (b), and (c) of the Constitution guarantees the right of citizens to protect them from harmful goods and services.
The Standards Act Cap 496
- Sections 9, 10, and 12 provide the authority for market surveillance officers to inspect products and enforce compliance with set standards.
Legal Notice No. 78 (2005)
- This notice outlines the procedures for conducting inspections and taking corrective actions against non-compliant products.
EAC SQMT Regulations 2013
- As part of regional harmonization, these regulations strengthen the framework for market surveillance in the East African Community, ensuring consistent and cooperative monitoring across the region.
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