Court temporarily halts implementation of KEBS new Standards Levy

This is after the petitioner, the Green Thinking Action Party (GTAP), moved to court to challenge the constitutionality and legality of Legal Notice No. 136 of 2025, which introduced a significantly increased monthly Standards Levy payable by selected classes of manufacturers to the Kenya Bureau of Standards (KEBS).

In its interim ruling, the court issued orders preserving the status quo with respect to the impugned levy, effectively halting its enforcement until the matter is heard and determined. 

The case is set for further directions on January 16, 2029.

The petition challenges the levy on several grounds, including allegations that the increase ranging from 900 per cent to 1,400 per cent is unconstitutional, discriminatory, unreasonable, and contrary to Article 201 of the Constitution. 

The petitioner further argued that KEBS and the Ministry of Investments, Trade and Industry unlawfully expanded the definition of “manufacturers” to include sectors such as energy generation, software development, computer engineering services, and dry cleaning.

According to the political party, the Legal Notice was enacted without meaningful public participation or a Regulatory Impact Assessment, contrary to Article 10 of the Constitution and the Statutory Instruments Act.

It is further alleged that the new levy departs from the original purpose of the Standards Levy Order of 1990, transforming it into a revenue-raising mechanism rather than a tool for promoting standardization and quality control.

According to the petitioner, the financial implications of the levy would cripple manufacturers and businesses now unlawfully classified as manufacturers, leading to business closures, job losses, and irreparable harm to thousands of families dependent on the affected sectors.

They argued that no prejudice would be suffered by the respondents should the interim orders remain in force, as the government can continue applying the pre-existing legal framework pending the determination of the petition.

Those named as respondents in the case include KEBS, the National Assembly and the AG.