Weights and Measures Act
This Act may be cited as the Weights and Measures Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 513
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Weights and Measures Act. This section provides definitions for terms used in the Act (for example: "approved", "base unit", "Director", "inspector", "container", "weighing instrument"). The mole is designated as the base unit for measuring amount of substance in Kenya; the Cabinet Secretary may assign its meaning by order to reproduce the international definition in English as of the order date. Using any unit of measurement for trade that is not authorized by this Act is prohibited and is an offence. Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule.
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Provisions of Weights and Measures Act
Showing 65 of 65
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
This Act may be cited as the Weights and Measures Act.
Section 1. Short title Section This Act may be cited as the Weights and Measures Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
This section provides definitions for terms used in the Act (for example: "approved", "base unit", "Director", "inspector", "container", "weighing instrument").
Section 2. Interpretation Section In this Act, unless the context otherwise requires— "approved" means approved by the Director, or by any other person deputed by the Director to carry out examinations, grant approvals and issue certificates under section 30 ; "base unit" means one of the international system (SI) units of measurement listed in the First Schedule; "certificate of qualification" means a certificate granted by the Institute of Trade Standards Administration, Kenya or any other recognized institute or institution to any person who passes the final examination of that institute or institution, being an examination held for the purposes of ascertaining whether the person possesses sufficient skill and knowledge for the proper performance of the functions and duties of an inspector; "check-weighed", in relation to any vehicle, means weighed with its load by means of a suitable weighing instrument and weighed again after it has been unloaded by means of the same or another suitable weighing instrument; "container" includes any form of packaging of goods for sale as a single item, whether by completely or partly enclosing the goods or by attaching the goods to, or winding the goods round some other article and includes a wrapper or confining band; "custodian" means the custodian of Kenya primary standards referred to in section 13 ; "Director" means the Director of Weights and Measures appointed under section 55 ; "derived" means derived from the base unit of measurement; "error", in respect of a weighing instrument, includes deficiency in sensitiveness or discrimination; "inspection", in relation to a weight, measure, weighing or measuring instrument, means an examination of the weight, measure, weighing or measuring instrument by an inspector with the object of checking that it has not been modified after verification, its stamp is valid and that its errors, if any, do not exceed those permitted under this Act; "International Bureau of Weights and Measures" means the body known as Internationale des Poids et Measures established under the Convention du Metre , being the body responsible for the conservation of the prototypes of the international standards of weights and measures; "inspector" means a person appointed under section 54 ; "international definition", in relation to any unit of measurement, means the definition of that unit recognized by the General Conference of Weights and Measures from time to time convened by the International Bureau of Weights and Measures; "Kenya primary standards" means standards procured and maintained under section 12 ; "measuring instrument" includes every instrument for the measurement of length, area, volume, capacity and gauge; "pre-packed" means packaged or made up in advance, ready for sale in or on a container; "quantity" includes length, width, height, area, size, volume, capacity, weight and number; "sale" includes an agreement to sell and an offer to sell, and an offer to sell shall be deemed to include the exposing of goods for sale, the furnishing of a quotation and any other act whatsoever by which willingness to enter into any transaction of sale is expressed; "secondary reference standards" means standards which the Cabinet Secretary has procured and caused to be verified and authenticated as such under section 15 ; "secondary standards" means copies of the Kenya primary reference standards which the Cabinet Secretary has procured and caused to be verified and authenticated as such under section 14 ; "stamp" means a mark for use as evidence of the passing of weights, measures, or weighing or measuring instruments as fit for use for trade, whether applied by impressing, casting, engraving, etching, branding or otherwise, and cognate expressions shall be construed accordingly; "testing equipment" means equipment maintained under section 16 ; "verification", in relation to a weight, measure, weighing or measurement instrument, means the operations carried out by an inspector having the object of ascertaining and confirming that such weight, measure, weighing or measuring instrument entirely satisfies the requirements of this Act; "weighing instrument" includes all instruments constructed to calculate and indicate prices, compute wages, count or grade articles by use of weighing principles, together with all weights and counterpoises belonging thereto; "weighing or measuring equipment" includes a weight, measure or a weighing or measuring instrument; "working standards" means standards provided for under section 16 . [Act No. 2 of 2002 , Sch.]
Part II
UNITS OF MEASUREMENT
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UNITS OF MEASUREMENT - 10. Measurement of amount of substance
The mole is designated as the base unit for measuring amount of substance in Kenya; the Cabinet Secretary may assign its meaning by order to reproduce the international definition in English as of the order date.
Section 10. Measurement of amount of substance Section 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 Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the mole at the date of the making of the order. - 11 Verify source ↗
UNITS OF MEASUREMENT - 11. Offence to use unauthorized units of measurement
Using any unit of measurement for trade that is not authorized by this Act is prohibited and is an offence.
Section 11. Offence to use unauthorized units of measurement Section Any person who uses for trade any unit of measurement which is not authorized by this Act shall be guilty of an offence. - 3 Verify source ↗
UNITS OF MEASUREMENT - 3. Units of measurement
Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule.
Section 3. Units of measurement Section 3(1) Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule. Section 3(2) The Second Schedule shall have effect for defining the units of measurement specified in that Schedule for all purposes in Kenya. - 4 Verify source ↗
UNITS OF MEASUREMENT - 4. Measurement of weight
The kilogram is defined as the base unit of mass for making measurements of weight in Kenya; weight may be expressed in the same terms as mass using the units in Part I of the Second Schedule.
Section 4. Measurement of weight Section 4(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. Section 4(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 Verify source ↗
UNITS OF MEASUREMENT - 5. Measurement of length
The metre is designated as the base unit for measuring length in Kenya.
Section 5. Measurement of length Section 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 Verify source ↗
UNITS OF MEASUREMENT - 6. Measurement of time
The second is declared the base unit of time in Kenya and its meaning is as given by an order of the Cabinet Secretary reflecting the international definition.
Section 6. Measurement of time Section 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 Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the second in force at the date of the making of the order. - 7 Verify source ↗
UNITS OF MEASUREMENT - 7. Measurement of electric current
The ampere is defined as the base unit of measurement of electric current in Kenya.
Section 7. Measurement of electric current Section 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 Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the ampere at the date of the making of the order. - 8 Verify source ↗
UNITS OF MEASUREMENT - 8. Measurement of thermodynamic temperature
The kelvin is designated as the base unit of thermodynamic temperature in Kenya and its meaning is to be assigned by an order of the Cabinet Secretary.
Section 8. Measurement of thermodynamic temperature Section 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 Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the kelvin at the date of the making of the order. - 9 Verify source ↗
UNITS OF MEASUREMENT - 9. Measurement of luminous intensity
The candela is established as the base unit of luminous intensity in Kenya; its meaning may be assigned by an order of the Cabinet Secretary reproducing the international definition.
Section 9. Measurement of luminous intensity Section 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 Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the candela at the date of the making of the order.
Part III
STANDARDS OF MEASUREMENT
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STANDARDS OF MEASUREMENT - 12. Kenya primary standards
The Cabinet Secretary must procure and maintain Kenya primary standards (metre and kilogram); standards must be verified by the International Bureau before use and reverified as prescribed; verification certificates are kept by the Director and, if dated within ten years, conclusively establish accuracy; the Cabinet Secretary may prescribe where and under what conditions the standards are kept; judicial notice is to be taken of every Kenya primary standard.
Section 12. Kenya primary standards Section 12(1) The Cabinet Secretary shall procure and cause to be maintained standards of the metre and the kilogram which shall be the Kenya primary standards by reference to which the accuracy of all other standards of those units and of any other unit of measurement directly related to any of those units shall be maintained. Section 12(2) Every standard procured under subsection (1) shall, before being brought into use, be verified by the International Bureau of Weights and Measures and thereafter shall be reverified at such intervals and in such manner as may be prescribed; and the certificate of verification or reverification in respect thereof shall be kept in the custody of the Director. Section 12(3) On production of the certificate of verification or reverification kept under subsection (2) in respect of a Kenya primary standard, the standard shall be conclusively presumed for all purposes to be true and accurate, provided that the certificate is dated not earlier than ten years previous to the date of production thereof. Section 12(4) The Kenya primary standards shall be kept at such place, and under such conditions, as the Cabinet Secretary may prescribe. Section 12(5) Judicial notice shall be taken of every Kenya primary standard. [Act No. 14 of 1991 , Sch., Act No. 2 of 2002 , Sch.] - 13 Verify source ↗
STANDARDS OF MEASUREMENT - 13. Kenya primary reference standards
The Cabinet Secretary must procure and maintain copies of the Kenya primary standards as the Kenya primary reference standards; such reference standards must be verified, the Director must verify them against primary standards before re-verification, and the Cabinet Secretary must keep them in prescribed places and conditions.
Section 13. Kenya primary reference standards Section 13(1) The Cabinet Secretary shall procure and cause to be maintained copies of the Kenya primary standards and the copies shall be designated the Kenya primary reference standards. Section 13(2) Every Kenya primary reference standard shall be verified by such authority and in such manner as may be prescribed. Section 13(3) Before the Kenya primary standards are reverified in accordance with subsection (2) of section 12 , the Director shall cause the Kenya primary reference standards to be verified against the Kenya primary standards, and such Kenya primary reference standards shall be deemed to be the Kenya primary standards during such time as the Kenya primary standards are undergoing verification. Section 13(4) The Kenya primary reference standards shall be kept at such place, and under such conditions, as the Cabinet Secretary may prescribe. Section 13(5) Judicial notice shall be taken of every Kenya primary reference standard. [Act No. 2 of 2002 , Sch.] - 14 Verify source ↗
STANDARDS OF MEASUREMENT - 14. Secondary standards to be procured
Custodians of the Kenya primary reference standards must compare submitted weights and measures and issue certificates if they are correct; the Director must keep a record of all such certificates.
Section 14. Secondary standards to be procured Section 14(1)(a) be provided either as a separate standard or by means of divisions marked on a standard of a large measure; and Section 14(1)(b) be either marked in whole or in part with subdivisions representing any multiple or fractions of unit of measurement specified in the Act or have no such markings. Section 14(2) The secondary standards shall, at such time as the Cabinet Secretary may prescribe, be compared with the Kenya primary reference standards in the presence of the custodians of the Kenya primary reference standards, and when necessary shall be corrected and adjusted. Section 14(3) The secondary standards shall not be used elsewhere other than at the premises approved by the Director for their custody. Section 14(4) The custodians of the Kenya primary reference standards shall cause every weight or measure submitted to them for certification under this section to be compared with such one or more of the Kenya primary reference standards as may appear to them to be appropriate and, if that weight or measure is found correct and satisfies any other requirements of this Act, they shall issue a certificate to that effect which may include a statement of any error therein. Section 14(5) No weight or measure shall be used as a secondary standard unless there is for the time being in force a certificate of its fitness for the purpose. Section 14(6) A certificate issued under subsection (4) shall cease to have effect at the expiration of the period from the date of issue specified therein in accordance with the provisions of this Act. Section 14(7) The Director shall keep a record of all certificates issued under subsection (4). Section 14(8) Deleted by ActNo. 2 of 2002, Sch. Section 14(9) Judicial notice shall be taken of every secondary standard. [Act No. 2 of 2002 , Sch.] - 15 Verify source ↗
STANDARDS OF MEASUREMENT - 15. Secondary reference standards
Cabinet Secretary must provide secondary reference standards recommended by the Director; the Director must verify them at least once a year; inspectors may use them; the Cabinet Secretary may replace them when necessary or expedient.
Section 15. Secondary reference standards Section 15(1) The Cabinet Secretary shall provide secondary reference standards of such of the measures and weights set out in Part I of the Third Schedule as the Director may from time to time recommend as being proper and sufficient for the purposes of this Act. Section 15(2) The Director shall ascertain the accuracy of secondary reference standards by reference either directly or indirectly to secondary standards, at least once every year; and the standards may be used by an inspector for any purpose in connection with his duties. Section 15(3)(a) be provided either as separate standards or by means of divisions marked on a standard of a larger measure; and Section 15(3)(b) be either marked in whole or in part with subdivisions representing any multiples or fractions of a unit of measurement specified in the Act, or have no such markings. Section 15(4) Secondary reference standards may be replaced from time to time as may appear to the Cabinet Secretary to be necessary or expedient. Section 15(5) Every standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate. [Act No. 2 of 2002 , Sch.] - 16 Verify source ↗
STANDARDS OF MEASUREMENT - 16. Working standards and testing equipment
The Cabinet Secretary may, by order, vary the Third Schedule by adding to or replacing any weights, measures or instruments specified there.
Section 16. Working standards and testing equipment Section 16(1)(a) be provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and Section 16(1)(b) be either marked in whole or in part with subdivisions representing any multiples or fractions of a unit of measurement specified in the Act or have no such markings. Section 16(2) Working standards and testing equipment shall be maintained in such manner as the Cabinet Secretary may prescribe. Section 16(3) The Cabinet Secretary may by order vary the Third Schedule by adding to or replacing any of the weights, measures or instruments specified therein as he may deem necessary. Section 16(4) Every working standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate. [Act No. 2 of 2002 , Sch.] - 17 Verify source ↗
STANDARDS OF MEASUREMENT - 17. Testing of standards and equipment of other institutions
Section 17 refers to testing standards and equipment of other institutions and mentions articles used or proposed as standards for units of measurement of mass, length, capacity, area or volume.
Section 17. Testing of standards and equipment of other institutions Section any article used or proposed to be used as a standard of a unit of measurement of mass, length, capacity, area or volume; and
Part IV
WEIGHING AND MEASURING FOR TRADE
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WEIGHING AND MEASURING FOR TRADE - 18. Meaning of "use for trade"
Defines when a weighing or measuring instrument is "use for trade", listing transactions by reference to quantity, payments or assessments, export-specific statements, and instruments made available to the public or used for grading eggs or safeguarding well-being.
Section 18. Meaning of "use for trade" Section 18(1)(a) the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and Section 18(1)(b) the use is for the purpose of the determination or statement of that quantity. Section 18(2)(a) for the transferring or rendering of money or money’s worth in consideration of money or money’s worth; or Section 18(2)(b) for the making of a payment in respect of a toll or duty or other dues; Section 18(2)(c) for the assessment of any work done, wages due or services rendered. Section 18(3)(a) the determination or statement is a determination or statement of the quantity of goods required for dispatch to a destination outside Kenya; and Section 18(3)(b) no transfer or rendering of money or money’s worth is involved other than the passing of the title to the goods and the consideration for them. Section 18(4)(a) any weighing or measuring instrument which is made available in Kenya for use by the public, whether on payment or otherwise; and Section 18(4)(b) any instrument which is used in Kenya for the grading by reference to their weight, for the purposes of trading transaction by reference to that grading, of hens’ eggs in shell which are intended for human consumption; and Section 18(4)(c) any weighing or measuring equipment used for determining whether or not any step is required to be taken to safeguard the well being of human beings or animals or to protect any commodity, vegetation or thing, shall be treated for the purposes of this Act as weighing or measuring instrument in use for trade, whether or not it would apart from this subsection be so treated. - 19 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 19. Units of measurement, weights and measures lawful for use for trade
Section 19 prohibits use of the carat (metric) for trade except for transactions in precious stones, pearls, precious metals or related articles; contraventions are an offence and weights or measures used in contravention are forfeited.
Section 19. Units of measurement, weights and measures lawful for use for trade Section 19(1)(a) use for trade any weight or measure which is not authorized by this Act; or Section 19(1)(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. Section 19(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. Section 19(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. Section 19(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 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 20. Offences for use or possession of certain weighing or measuring instruments
It is an offence for any person to use or have for trade a weighing or measuring instrument that is not constructed to indicate weights or measures authorized by the Act.
Section 20. Offences for use or possession of certain weighing or measuring instruments Section 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 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 21. Offences relating to false or unjust weights, measures or weighing or measuring instruments
Using or possessing for trade any false or unjust weight, measure or weighing/measuring instrument is an offence and the instrument may be forfeited.
Section 21. Offences relating to false or unjust weights, measures or weighing or measuring instruments Section 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. - 22 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 22. Mode of use of measure of capacity
When using a measure of capacity for trade, do not heap it; strike it flat with a round stick or straight roller of the same diameter, or if it cannot be conveniently stricken, fill it level with the brim as size and shape permit. Using a measure otherwise than in this way is an offence.
Section 22. Mode of use of measure of capacity Section 22(1) In using a measure of capacity, the same shall not be heaped, but either shall be stricken with a round stick or roller straight and of the same diameter from end to end, or if the article sold cannot from its size or shape be conveniently stricken it shall be filled in all parts as nearly to the level of the brim as the size and shape of the article permits. Section 22(2) Any person who uses a measure of capacity for trade otherwise than in accordance with subsection (1) shall be guilty of an offence. - 23 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 23. Offences relating to fraud in the use of weights, measures or weighing or measuring instruments
Committing fraud in the use of any weight, measure or weighing or measuring instrument is an offence; the instrument shall be forfeited, but the Court may waive forfeiture if it is satisfied the instrument belongs to someone other than the fraudster or a party to the fraud.
Section 23. Offences relating to fraud in the use of weights, measures or weighing or measuring instruments Section Where a fraud is committed in the use of any weight, measure, weighing or measuring instrument, the person committing the fraud, shall be guilty of an offence and the weight, measure, weighing or measuring instrument shall be forfeited; except so however that where the Court is satisfied that the weight, measure or weighing or measuring instrument is the property of a person other than the person committing, or a person being a party to the commission of, the fraud, the Court may waive the forfeiture. - 24 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 24. What weight, measure, weighing or measuring instruments is unjust
Weights, measures, or weighing/measuring instruments that have a greater error than the prescribed limit are deemed false or unjust under the Act.
Section 24. What weight, measure, weighing or measuring instruments is unjust Section Every weight, measure or weighing or measuring instrument which has a greater error than the limit of error prescribed under this Act shall be deemed to be false or unjust for the purposes of this Act. - 25 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 25. Offences for sale of incorrect weights, measures, weighing or measuring instruments
It is prohibited for a person to make, cause to be made, sell or expose for sale any false or unjust weights, measures or instruments; and no person may sell or expose for sale trade instruments unless they bear a valid stamp of verification dated within the previous year.
Section 25. Offences for sale of incorrect weights, measures, weighing or measuring instruments Section 25(1) A person shall not make for sale or cause to be made for sale or sell or cause to be sold, any false or unjust weight, measure, weighing or measuring instrument, and no person shall sell or expose for sale any weight, measure, weighing or measuring instrument, intended for use for trade unless the same bears a valid stamp of verification of a date not earlier than one year previous to such sale or exposure. Section 25(2)(a) a weighing or measuring instrument of a type which when made was not intended or designed for use for trade and which was then marked with the words "Not Legal for Trade Use" permanently and clearly on some conspicuous part thereof; or Section 25(2)(b) a measure, weighing or measuring instrument which is required by this Act to be permanently installed at the place where it is to be used before it is verified. Section 25(3) Any person who contravenes the provisions of this section shall be guilty of an offence and the weight, measure, weighing or measuring instrument in respect of which the offence is committed shall be forfeited. - 26 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 26. Offences in connection with stamping of weights, measures, weighing or measuring instruments
Section 26 prohibits unauthorised persons from marking, forging, altering, removing, or tampering with stamps or stamped weights, measures or instruments; it also treats forged/altered stamps or falsified instruments as offences and provides for forfeiture of instruments and stamps used in offences.
Section 26. Offences in connection with stamping of weights, measures, weighing or measuring instruments Section 26(1)(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; Section 26(1)(b) forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp; Section 26(1)(c) removes any stamp and inserts it into any other such weight, measure or weighing or measuring instrument; Section 26(1)(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 Section 26(1)(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, Section 26(2)(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 Section 26(2)(b) is false or unjust as a result of an alteration in the weight, measure, weighing or measuring instrument after it has been stamped, Section 26(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. - 27 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 27. Verification of weights, measures, weighing of measuring instruments
Inspectors must annually call on persons using trade instruments to present them for verification; inspectors must test, stamp and issue certificates on payment of a prescribed fee; persons must notify inspectors in advance for immovable or distant instruments; using re-installed instruments without re-verification and failing to comply with published notices are offences.
Section 27. Verification of weights, measures, weighing of measuring instruments Section 27(1) An inspector shall, not more often than once in every year call upon persons in any area having weights, measures, weighing or measuring instruments in use for trade to produce the same for the purpose of their being examined, verified, stamped or restamped at such time and place within that area as he may appoint. Section 27(2) For the purposes of subsection (1) there shall be published a notice in the Gazette and in a newspaper circulating within such area stating the time and place so appointed, such time not being earlier than fourteen days after the publication of the notice. Section 27(3) Where a weight, measure, weighing or measuring instrument, by reason of it being permanently fixed or of its heavy weight or delicate construction cannot be conveniently moved or where a weight, measure, weighing or measuring instrument is situated at a distance exceeding twenty kilometres from the nearest place appointed in pursuance of subsection (1) it shall be sufficient for the purposes of this section if the person who has the same for use for trade notifies in writing its position to the inspector or some other officer authorized by the inspector to receive the notification at least three days in advance of the date the verification falls due. Section 27(4) An inspector shall attend with the working standards and testing equipment in his custody at the time and place notified under subsection (2) and upon payment of the prescribed fee, shall examine every weight, measure, weighing or measuring instrument brought or submitted to him which is of denomination or a pattern authorized by or under this Act, and shall compare or test it with the working standard and testing equipment and if he finds the weight, measure, weighing or measuring instrument to be accurate and correct, he shall stamp it with a stamp of verification in the prescribed manner. Section 27(5) Where a notification has been given under subsection (3) an inspector shall, upon payment of the prescribed fee, attend with the working standards and testing equipment in his custody at the place notified and shall test or examine and stamp any weight, measure, weighing or measuring instrument so notified in the same manner as if such weight, measure, weighing or measuring instrument had been brought or submitted to him. Section 27(6) In case of any measure, weighing or measuring instrument which is required by this Act to be verified only after it has been installed at the place where it is to be used for trade if after the same has been so verified and stamped it is dismantled and re-installed, whether in the same place or some other place, it shall not be used for trade after being so re-installed until it has been verified and stamped by an inspector; and if any person knowingly uses, or causes or permits any other person to use any measure, weighing or measuring instrument in contravention of this subsection or knowing that the same is required by virtue of this subsection to be so re-verified disposes of it to some other person without informing him of that requirement, he shall be guilty of an offence. Section 27(7) Whenever an inspector verifies any weight, measure, weighing or measuring instrument and finds it correct, he shall issue to the person bringing or submitting the same to him a certificate in respect thereof in such form as may be prescribed. Section 27(8) Subject to subsection (3), any person who fails to comply with any notice published under subsection (2) shall be guilty of an offence. [Act No. 14 of 1991 , Sch.] - 28 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 28. Offences in connection with obstruction of inspector
Any person must not refuse or fail to produce weights/measures or obstruct, hinder, assault, or ignore reasonable requests from an inspector when required under this Act; doing so is an offence.
Section 28. Offences in connection with obstruction of inspector Section 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 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 29. Presumption concerning possession
If a weighing or measuring instrument is found with a person trading or on trade premises, that person is presumed to have it for use in trade, and the burden of proving otherwise is on that person.
Section 29. Presumption concerning possession Section 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. - 30 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 30. Approval of pattern of weighing and measuring instruments for trade
The Director examines submitted patterns of weighing and measuring instruments (on payment of the prescribed fee), may require deposit of models/drawings, issues certificates if satisfied, can authorise modifications, revoke approvals (with Gazette notice), may accept foreign approvals; breaches of conditions or use after revocation are offences and instruments may be forfeited.
Section 30. Approval of pattern of weighing and measuring instruments for trade Section 30(1) Where any pattern of weighing or measuring instrument is submitted by any person to the Director for approval in such manner as the Cabinet Secretary may prescribe the Director shall, on payment by that person of such fee as may be prescribed, cause to be examined in such manner as he thinks fit the suitability for use for trade of instruments of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in its construction, and if the Director is satisfied that such weighing or measuring instrument is suitable for use for trade then he shall issue a certificate of approval of that pattern and may from time to time thereafter authorise such modifications thereof as he may think fit. Section 30(2) Where a person submits a pattern of a weighing or measuring instrument to the Director under subsection (1) the Director may require the person to deposit with him the weighing or measuring instrument or parts of that pattern or model of such weighing or measuring instrument together with drawings of such weighing or measuring instrument or parts thereof. Section 30(3) A certificate of approval granted under this section may be granted subject to such conditions as the Director may specify in the certificate of approval; and if any person, knowing that such a condition has been imposed with respect to any weighing or measuring instrument, uses or causes or permits any other person to use the same in contravention of that condition he shall be guilty of an offence, and the weighing or measuring instrument shall be liable to be forfeited. Section 30(4) The Director, after consultation with such persons appearing to him to be interested as he thinks fit, may at any time revoke any certificate of authorization granted under this section, and shall cause notice of any such revocation to be published in the Gazette ; and if any person knowing that the certificate of authorisation has been revoked, and except as may be permitted by any fresh certificate of authorisation granted in respect thereof, uses for trade or has in his possession or control for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question, or disposes of any weighing or measuring instrument toany other person in a state in which it could be so used without informing that other person of the revocation, he shall be guilty of an offence and the weighing or measuring instrument shall be liable to be forfeited. Section 30(5) The Director may accept and adopt, with or without modifications, an approval issued by a competent authority in another country, of any pattern of a weighing or measuring instrument. Section 30(6) If any difference arises between an inspector and any other person as to the interpretation of any specification for the construction of prescribed weighing or measuring instruments under this Act, that difference shall, at the request of that other person, be referred to the Director whose decision thereon shall be final. - 31 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 31. Prescribed weighing or measuring instrument, etc.
No person may use or have for trade a weighing or measuring instrument of the prescribed class unless it has been passed by an inspector and bears a valid stamp of verification; contravention is an offence and the article may be forfeited. An inspector may refuse to pass or stamp an instrument if it is unsuitable for the intended trade purpose.
Section 31. Prescribed weighing or measuring instrument, etc. Section 31(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. Section 31(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. Section 31(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. - 32 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 32. Exemption from marking or stamping
Marking and stamping requirements do not apply to any weight, measure or weighing or measuring instrument that is of delicate construction or too small to be marked or stamped.
Section 32. Exemption from marking or stamping Section The requirement of this Act in respect of marking and stamping shall not apply to any weight, measure or weighing or measuring instrument which is of delicate construction or too small to be marked or stamped in accordance with those requirements. - 33 Verify source ↗
WEIGHING AND MEASURING FOR TRADE - 33. Rules relating to weighing or measuring for trade
Establishes rules about the material and principles of construction of weights, measures, and weighing or measuring instruments for use in trade.
Section 33. Rules relating to weighing or measuring for trade Section the material and principles of construction of weights, measures or weighing or measuring instruments for use for trade;
Part V
TRANSACTIONS IN GOODS
- 34 Verify source ↗
TRANSACTIONS IN GOODS - 34. Rules relating to transactions in particular goods
Section 34 sets rules about how quantities of particular goods must be expressed, how containers must be marked or sized, requirements for pre-packed goods and accompanying documents stating quantities and seller information, conditions for carriage for reward tied to quantity, and power to prescribe minimum quantities or required markings in rules.
Section 34. Rules relating to transactions in particular goods Section 34(1)(a) are sold only by quantity expressed in such manner as may be so specified; Section 34(1)(b) are pre-packed or are otherwise made up in or on a container for sale or for delivery after sale, only if the container is marked with such information as to the quantity of the goods as may be so specified; Section 34(1)(c) are pre-packed, or are otherwise made up for sale or for delivery after sale, only in or on a container of a size or capacity so specified; Section 34(1)(d) are sold, or are pre-packed, or are otherwise made up in or on a container for sale or for delivery after sale, or are made for sale, only in such quantities as may be so specified; Section 34(1)(e) are not sold without the quantity sold expressed in such manner as may be so specified being made known to the buyer at or before such time as may be so specified; Section 34(1)(f) such information as to the quantity of the goods in question comprised in each item for sale by means of that machine as may be so specified; and Section 34(1)(f)(i) such information as to the quantity of the goods in question comprised in each item for sale by means of that machine as may be so specified; and Section 34(1)(f)(ii) a statement of the name and address of the seller; Section 34(1)(g) are carried for reward only in pursuance of an agreement made by reference to the quantity of the goods in question expressed in such manner as may be so specified; Section 34(1)(h) in such circumstances as may be so specified, have associated with them in such manner as may be so specified a document containing a statement of the quantity of the goods in question expressed in such manner, and a statement of such other particulars, if any, as may be so specified; Section 34(1)(i) when carried on a road vehicle along a highway are accompanied by a document containing such particulars determined in such manner as may be so specified as to the weight of the vehicle and its load apart from the goods in question. Section 34(2)(a) may require a container to be marked with such information concerning it or its contents as is specified in the rules; and Section 34(2)(b) in order to prevent size or capacity from giving a false impression of the quantity of the goods in a container, may prescribe a minimum quantity for the goods in a container of a given capacity. Section 34(3) The minimum quantity referred to in subsection (2) (b) may be expressed in the rules by weight or volume, by percentage of the capacity of the container or in any other manner. - 35 Verify source ↗
TRANSACTIONS IN GOODS - 35. Rules as to information
Section 35 lists rule topics under section 34, including marking containers and vending machines, units of measurement, packer identification for pre-packed goods, methods for determining quantity, allowing specified article weights to be included in net weight, requiring sellers to provide means for buyers to verify net weight or measure, and prohibiting importation of non-complying packages; contravention of any rule under subsection (1) is an offence.
Section 35. Rules as to information Section 35(1)(a) as to the manner in which any container required by rules made under section 34 (1) to be marked with information (including in particular information as to quantity or capacity) is to be so marked; Section 35(1)(b) as to the manner in which any information required by any such provision to be displayed on or in a vending machine is to be so displayed; Section 35(1)(c) as to the conditions which must be satisfied in marking with information as to the quantity of goods made up in it the container in or on which any goods are made up for sale (whether by way of pre- packing or otherwise) where those goods are goods on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold is required by any such provision to be made known to the buyer at or before a particular time; Section 35(1)(d) as to the units of measurement to be used in marking any such container or machine with any information; Section 35(1)(e) for securing, in the case of pre-packed goods, that the container is so marked as to enable the packer to be identified; Section 35(1)(f) as to the method by which and conditions under which quantity is to be determined in connection with any information relating to quantity required by or under section 34 ; Section 35(1)(g) permitting, in the case of such goods and in circumstances as may be specified in the rules, the weight of such articles used in making up the goods for sale as may be so specified to be included in the net weight of the goods for the purposes of this Act; Section 35(1)(h) requiring persons who sell or who make, possess or carry for sale goods which they are prohibited from selling otherwise than by net weight or measure to provide for use of persons buying or proposing to buy such goods from them, the means of verifying or checking the net weight or measure of the goods; and Section 35(1)(i) prohibiting the importation of make-up packages or vessels for sale in Kenya which do not comply with the requirements of any rules made under section 34 . Section 35(2) Any person who contravenes any rule under subsection (1) shall be guilty of an offence. - 36 Verify source ↗
TRANSACTIONS IN GOODS - 36. Exemption from requirements imposed under sections34and35
The Cabinet Secretary may, by order, grant exemptions (generally or in specified circumstances) for goods or sales from requirements under sections 34 and 35.
Section 36. Exemption from requirements imposed under sections34and35 Section The Cabinet Secretary may by order grant, with respect of goods or sales of such descriptions as may be specified in the order, an exemption, either generally or in such circumstances as may be specified, from all or any of the requirements imposed by or under sections 34 and 35 . - 37 Verify source ↗
TRANSACTIONS IN GOODS - 37. Offences relating to transactions in goods
Makes it an offence to offer, expose for sale, sell, agree to sell, or have in possession for sale or delivery after sale, certain goods that are not pre-packed, made up, or marked as required under the Act; includes failure to state quantity when required and sale via vending machines without required compliance.
Section 37. Offences relating to transactions in goods Section 37(1)(a) whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or Section 37(1)(b) causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf, Section 37(2)(a) whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell; or Section 37(2)(b) except in the course of carriage of the goods for reward, has in his possession for delivery after sale; or Section 37(2)(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. Section 37(3)(a) which are required to be pre-packed only in particular quantities but are not so pre-packed; Section 37(3)(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; Section 37(3)(c) which are required to be made for sale only in particular quantities but are not so made; Section 37(3)(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; Section 37(3)(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; Section 37(3)(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 Section 37(3)(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. Section 37(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. Section 37(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. Section 37(6) The preceding provisions of this section have effect subject to sections 46 to 49. Section 37(7) In this section "required" means required under this Act. - 38 Verify source ↗
TRANSACTIONS IN GOODS - 38. Quantity to be stated in writing in certain cases
When liquid goods sold by capacity measurement are delivered away from the seller's premises and not measured in the buyer's presence, the deliverer must immediately give or leave a written statement of the measured quantity; failing to do so without reasonable cause is an offence.
Section 38. Quantity to be stated in writing in certain cases Section 38(1)(a) which is required under this Act to be a sale by quantity expressed in a particular manner; Section 38(1)(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 Section 38(1)(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. Section 38(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. Section 38(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. Section 38(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. Section 38(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. Section 38(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 Verify source ↗
TRANSACTIONS IN GOODS - 39. Exemptions from requirements ofsection 38
The Cabinet Secretary may, by order, exempt specified goods or sales from all or some requirements of section 38.
Section 39. Exemptions from requirements ofsection 38 Section The Cabinet Secretary 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 Verify source ↗
TRANSACTIONS IN GOODS - 40. Short weight
Section 40(1)(a) and (b) refer to a lesser quantity of goods than purported or than corresponds with the price charged; Section 40(2) states that a statement as to the weight of goods shall be taken, unless otherwise expressed, to be a statement as to the net weight of the goods.
Section 40. Short weight Section 40(1)(a) a lesser quantity than that purported to be sold; or Section 40(1)(b) a lesser quantity than corresponds with the price charged, Section 40(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 Verify source ↗
TRANSACTIONS IN GOODS - 41. Misrepresentation
Section 41 lists contexts in which misrepresentation about goods may occur: (1)(a) on or in connection with the sale or purchase of goods; (1)(b) in exposing or offering goods for sale; (1)(c) in purporting to make known to the buyer the quantity of goods sold; (1)(d) in offering to purchase goods; and (2) applies subsection (2) of section 40 for purposes of this section.
Section 41. Misrepresentation Section 41(1)(a) on or in connection with the sale or purchase of any goods; Section 41(1)(b) in exposing or offering any goods for sale; Section 41(1)(c) in purporting to make known to the buyer the quantity of any goods sold; or Section 41(1)(d) in offering to purchase any goods, Section 41(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 Verify source ↗
TRANSACTIONS IN GOODS - 42. Quantity less than stated
Persons who possess goods for sale or who sell goods pre-packed or with quantity statements are guilty of an offence when the quantity is found to be less than stated and the deficiency cannot be accounted for, subject to specified exceptions in subsection (3) and sections 46–49.
Section 42. Quantity less than stated Section 42(1)(a) any person who has those goods in his possession for sale shall be guilty of an offence; and Section 42(1)(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, Section 42(2)(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 Section 42(2)(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. Section 42(3)(a) that quantity is so expressed in pursuance of an express requirement of this Act; or Section 42(3)(b) 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 Section 42(3)(b)(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 Section 42(3)(b)(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 Section 42(3)(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. Section 42(4)(a) 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 Section 42(4)(a)(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 Section 42(4)(a)(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, Section 42(4)(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). Section 42(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. - 43 Verify source ↗
TRANSACTIONS IN GOODS - 43. Incorrect statements
Making or using a document with a materially incorrect required statement while knowing or having reasonable cause to suspect it is incorrect is an offence.
Section 43. Incorrect statements Section 43(1) Notwithstanding section 42 (2) to (4), if in the case of any goods required under this Act to have associated with them a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act while that statement was contained in the document, shall be guilty of an offence. Section 43(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. - 44 Verify source ↗
TRANSACTIONS IN GOODS - 44. Offences due to default of third person
If an offence concerning goods is caused by the act or default of another person who was not under the first person's control, that other person shall be guilty of the offence and may be charged and convicted even if no proceedings are taken against the first person.
Section 44. Offences due to default of third person Section Where the commission by any person of an offence in respect of any goods is due to the act or default of some other person not being a person under the control of the first-mentioned person, the other person shall be guilty of an offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person. - 45 Verify source ↗
TRANSACTIONS IN GOODS - 45. Presumption concerning the nature of goods
In proceedings under the Act, if goods are described in a charge, that description is prima facie evidence of their nature, and the accused must bear the burden of proving otherwise.
Section 45. Presumption concerning the nature of goods Section In any proceedings under this Act, the description of any goods in any charge shall be prima facie evidence that the goods were at the time of the offence and subsequently as so described, and the burden of proving the contrary shall lie upon the accused person. - 46 Verify source ↗
TRANSACTIONS IN GOODS - 46. Warranty
Section 46 sets rules about written warranties for goods: a person charged must give the prosecutor (and the warrantor) notice and a copy of any written warranty at least seven days before the hearing to use it as a defence; the warrantor may appear and give evidence; wilfully attributing another goods' warranty or giving a false written warranty are offences, with a defence available if reasonable steps to ensure accuracy were taken.
Section 46. Warranty Section 46(1)(a) as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or Section 46(1)(a)(i) as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or Section 46(1)(a)(ii) as conforming with the statement marked on any container to which the proceedings relate; and Section 46(1)(b) that he so bought the goods with a written warranty from that other person that they were of that quantity or, as the case may be, did conform; and Section 46(1)(c) that at the time of the commission of the offence he did in fact believe the statement contained in the warranty to be accurate and had no reason to believe it to be inaccurate; and Section 46(1)(d) if the warranty was given by a person who at the time he gave it was resident outside Kenya, that the person charged had taken reasonable steps to check the accuracy of the statement contained in the warranty; and Section 46(1)(e) in the case of proceedings relating to the quantity of any goods, that he took all reasonable steps to ensure that, while in his possession, the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when he bought them. Section 46(2) A warranty shall not be a defence in any proceedings under subsection (1), unless, not later than seven days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person. Section 46(3)(a) with the substitution, for any reference (however expressed) in paragraphs (a), (b), (d) and (e) to the person charged, of a reference to his employer; and Section 46(3)(b) with the substitution for paragraph (c) with the following— "(c) that at the time of the commission of the offence his employer did in fact believe the statement contained in the warranty to be accurate and the person charged had no reason to believe it to be inaccurate". Section 46(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence. Section 46(5) If the person charged in any such proceedings as are mentioned in subsection (1) wilfully attributes to any goods a warranty given in relation to any other goods, he shall be guilty of an offence. Section 46(6) A person who, in respect of any goods sold by him in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained in it were, and would continue at all relevant times to be, accurate. Section 46(7) For the purposes of this section, any statement with respect to any goods which is contained in any document required under this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, shall be taken to be a written warranty of the accuracy of that statement. - 47 Verify source ↗
TRANSACTIONS IN GOODS - 47. Reasonable precautions and due diligence
A person charged may use the defence that they took all reasonable precautions and due diligence; but if that defence blames another person not under their control or relies on information from such a person, they cannot rely on it without the Court's leave unless they served notice on the prosecutor before the seven-day period ending with the hearing.
Section 47. Reasonable precautions and due diligence Section 47(1) In any proceedings for an offence under this Act, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Section 47(2) If in any case the defence provided by subsection (1) involves an allegation that the commission of the offence in question was due to the act or default of another person (not being a person under the control of the person charged) or due to reliance on information supplied by another person not being a person under his control, the person charged shall not, without the leave of the Court, be entitled to rely on the defence unless, before the beginning of the period of seven days ending with the date when the hearing of the charge began, he served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession. - 48 Verify source ↗
TRANSACTIONS IN GOODS - 48. Subsequent deficiency
Subsequent deficiency
Section 48. Subsequent deficiency Section 48(1)(a) of any goods made up for sale or for delivery after sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity; Section 48(1)(b) of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document purporting to state the quantity of the goods; or Section 48(1)(c) of any goods required under this Act to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities, being less than that marked on the container or stated in the document in question or being less than the relevant particular quantity, as the case may be. Section 48(2)(a) in a case falling within paragraph (a) of subsection (1), after the making up of the goods and the marking of the container; Section 48(2)(b) in a case falling within paragraph (b) of that subsection, after the preparation of the goods for delivery in pursuance of the sale or agreement and after the completion of the document; Section 48(2)(c) in a case falling within paragraph (c) of that subsection, after the making up or marking, as the case may be, of the goods for sale, Section 48(3) If in any proceedings for an offence under this Act, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were, with the consent of the buyer, subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged shall not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment. - 49 Verify source ↗
TRANSACTIONS IN GOODS - 49. Provisions as to testing
Rules for how quantities found by testing should be treated in proceedings: for multiple articles use the average; for a single article ignore trivial shortfalls; consider all circumstances; subsections apply likewise to container size/capacity/contents; and when one person is charged references to articles or goods sold by the charged person may be read as references to those of another person under section 44.
Section 49. Provisions as to testing Section 49(1)(a) of any goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity; or Section 49(1)(b) of any goods which have been pre-packed or other wise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by this Act to be pre- packed, or to be otherwise so made up, or to be so made as the case may be, only in particular quantities, Section 49(2)(a) if the proceedings are with respect to one or more a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested; Section 49(2)(b) if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency; and Section 49(2)(c) shall have regard generally to all the circumstances of the case. Section 49(3) Subsections (1) and (2) shall apply with the necessary modifications to proceedings for an offence in respect of the size, capacity or contents of a container as they apply to proceedings for an offence in respect of the deficiency in the quantity of certain goods. Section 49(4) Where, by virtue of section 44 , a person is charged with an offence with which some other person might have been charged, the reference in subsection (1) to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person. - 50 Verify source ↗
TRANSACTIONS IN GOODS - 50. Selling by quantity
If the quantity of goods is made known to the buyer before the purchase price is agreed, that is sufficient compliance with the requirement.
Section 50. Selling by quantity Section it shall be a sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed; and - 51 Verify source ↗
TRANSACTIONS IN GOODS - 51. Making quantity known to a person
Occupiers of premises must keep a weighing instrument available, in a suitable position, reserved for buyer use while open, and display a notice; the Cabinet Secretary may order that these rules apply to requirements about making known quantity by weight.
Section 51. Making quantity known to a person Section 51(1)(a) if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person; Section 51(1)(b) if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or Section 51(1)(c) upon such a statement in writing being delivered to that person. Section 51(2) The Cabinet Secretary may by order provide that subsection (3) shall apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified under this Act with respect to the making known to the buyer of the quantity by weight of the goods sold by retail. Section 51(3)(a) is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purposes of weighing for himself any such goods offered or exposed for sale by retail on those premises; and Section 51(3)(b) is so kept available in a position on those premises which is suitable and convenient for such use of the weighing instrument; and Section 51(3)(c) is reserved for use for that purpose at all times while those premises are open for retail transactions; and a notice of the availability of the weighing instrument for such use is displayed in a position on the premises where it may be readily seen by any prospective buyer. - 52 Verify source ↗
TRANSACTIONS IN GOODS - 52. Weighing in presence of a person
A person must not be taken to weigh or measure goods in the presence of another person unless they place the weighing instrument or conduct the operation so as to give that other person a clear unobstructed view of the instrument, the operation and any indication of quantity.
Section 52. Weighing in presence of a person Section For the purposes of this Act, a person shall not be taken to weigh or otherwise measure or count any goods in the presence of any other person unless he causes any weighing instrument used for the purpose to be so placed or conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that person a clear and unobstructed view of the weighing or measuring instrument, if any, and of the operation, and of any indication of quantity given by any such instrument as the result of that operation. - 53 Verify source ↗
TRANSACTIONS IN GOODS - 53. Ascertaining quantity of beer or cider
When measuring the quantity of beer or cider for the purposes of section 37 or sections 41 to 43, the gas in any foam on the beer or cider must be disregarded.
Section 53. Ascertaining quantity of beer or cider Section In ascertaining the quantity of any beer or cider for the purposes of section 37 or sections 41 to 43 the gas comprised in any foam on the beer or cider shall be disregarded.
Part VI
ADMINISTRATIVE PROVISIONS
- 54 Verify source ↗
ADMINISTRATIVE PROVISIONS - 54. Appointment of inspectors
The Cabinet Secretary may appoint inspectors from qualified persons; the Cabinet Secretary must publish notice of appointments or cessation in the Gazette; the Director must issue a certificate of appointment to every inspector; certain former inspectors are deemed inspectors under this section.
Section 54. Appointment of inspectors Section 54(1) The Cabinet Secretary may from time to time for the purposes of this Act appoint inspectors from among persons holding certificates of qualification for the efficient discharge of the functions conferred or imposed upon them by this Act. Section 54(2) Notice of a person’s appointment to or ceasing to hold office under this Act shall be given by the Cabinet Secretary in the Gazette . Section 54(3) A certificate of appointment signed by the Director shall be issued to every inspector appointed and shall be evidence of his appointment under this Act. Section 54(4) Any person who, immediately before the commencement of this Act, was an inspector appointed under section 27 of the Weights and Measures Act ( Cap. 513 ) (1979) (now repealed), shall be deemed for the purposes of this Act to be an inspector appointed under this section. - 55 Verify source ↗
ADMINISTRATIVE PROVISIONS - 55. Appointment of director, deputy director and assistant director
Establishes Director, Deputy Directors and Assistant Directors for Weights and Measures; Director must oversee standards and inspectors; Director may delegate powers in writing; inspectors shall charge prescribed fees for adjustment services; prior superintendents are deemed Directors or Assistant Directors.
Section 55. Appointment of director, deputy director and assistant director Section 55(1) There shall be a Director, Deputy Directors and so many Assistant Directors of Weights and Measures, as may be necessary for the purposes of this Act. Section 55(2) The Director may delegate in writing all or any of his powers, duties or functions under this Act, either generally or in any area in Kenya, or for such periods or purposes as he may specify, to any Deputy Director or to any Assistant Director, and may at any time revoke or vary such delegation. Section 55(3) The Director shall be responsible to the Cabinet Secretary for the custody and maintenance of standards provided under section 14 , 15 or 16 and generally for the operation of the arrangements made to give effect to the purposes of this Act, and the general supervision of inspectors. Section 55(4) The arrangements made by or on behalf of the Director to give effect to the purposes of this Act may include the provision, under the supervision of the inspector in charge of any area, of a service for the adjustment of weights and measures, but not of other weighing or measuring instruments; and where such a service is so provided, the inspector shall charge such fee in connection therewith as the Cabinet Secretary may prescribe. Section 55(5)(a) weighing or measurement of any goods or article submitted for the purpose by that person; Section 55(5)(b) a test of the accuracy of any weight, measure or weighing or measuring instrument so submitted. Section 55(6) Any person who, immediately before the commencement of this Act was a superintendent or an assistant superintendent appointed under section 26 of the Weights and Measures Act (repealed) shall be deemed for the purposes of this Act to be Director or Assistant Director as the case may be.
Part VII
MISCELLANEOUS PROVISIONS
- 56 Verify source ↗
MISCELLANEOUS PROVISIONS - 56. Powers of entry and seizure
Authorises inspectors to enter premises at reasonable times to inspect, test, weigh, measure, seize and detain weights, measures, measuring instruments and goods; empowers inspectors to require documents and assistance, break containers or vending machines if necessary; prohibits disclosure of trade secrets obtained under these powers, subject to a performance-related exception.
Section 56. Powers of entry and seizure Section 56(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. Section 56(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. Section 56(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. Section 56(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. Section 56(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. Section 56(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. Section 56(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. Section 56(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. Section 56(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 Verify source ↗
MISCELLANEOUS PROVISIONS - 57. Power to make test purchase
Inspectors may make test purchases of goods to check compliance; may, when investigating alleged offences from such purchases paid with money, search persons and premises and seize and retain money and change as evidence; expenses for test purchases are to be met from public funds; the Cabinet Secretary may prescribe how unprosecuted goods are disposed of.
Section 57. Power to make test purchase Section 57(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. Section 57(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. Section 57(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 Cabinet Secretary may prescribe. - 58 Verify source ↗
MISCELLANEOUS PROVISIONS - 58. Powers of arrest, search and seizure
An identified officer (referred to as "he") may stop and detain, may arrest without a warrant, and may search any person suspected of an offence under this Act or suspected of possessing goods or instruments believed to be connected to such an offence.
Section 58. Powers of arrest, search and seizure Section he may stop and detain, or may arrest without warrant, any person suspected of an offence under this Act or being in possession of any goods, or any weight, measure or weighing or measuring instrument in respect of which he has reason to believe that such an offence has been committed and may search any person so stopped and detained or arrested; - 59 Verify source ↗
MISCELLANEOUS PROVISIONS - 59. Employer answerable for acts of servant, etc.
An employer is legally responsible for acts or omissions of agents, servants or other persons employed in the employer's shop, store or place of business insofar as they relate to the employer's business.
Section 59. Employer answerable for acts of servant, etc. Section Any person who employs in his shop, store, or other place of business any agent, servant, or other person shall be answerable for the acts or omissions of the agent, servant or other person in so far as they concern the business of the employer and if such agent, servant or other person commits any act or makes any omission which is an offence if committed or made by such employer, such employer and his agent, servant or other person shall each be guilty of the offence and shall be jointly and severally liable to the penalties provided by this Act. - 60 Verify source ↗
MISCELLANEOUS PROVISIONS - 60. Liability of partners in a firm
Partners are liable for other partners' acts and omissions relating to the firm; if a partner's act or omission is an offence under the Act, all partners are jointly and severally liable to the Act's penalties.
Section 60. Liability of partners in a firm Section Any partner in any firm shall be answerable for the acts or omissions of any other partner in the same firm in so far as they concern that firm; and if any partner commits any act or makes any omission which is an offence under this Act, every partner in the firm shall be jointly and severally liable to the penalties provided by this Act. - 61 Verify source ↗
MISCELLANEOUS PROVISIONS - 61. Offences by corporations
If an offence by a corporation is proven to have been committed with the consent, connivance of, or attributable to a manager, secretary, similar officer, or a person purporting to act as such, that person as well as the corporation shall be guilty and liable to be proceeded against and punished.
Section 61. Offences by corporations Section Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent and connivance of or to be attributable to any manager, secretary or other similar officer of the body corporate, or any other person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. - 62 Verify source ↗
MISCELLANEOUS PROVISIONS - 62. Disposal of seized goods
Section 62 governs retention, return, disposal and forfeiture of seized vehicles, instruments, goods or money, including a three-month return/retention period, reporting and magistrate authorization for perishable goods, and court powers to order forfeiture or disposal.
Section 62. Disposal of seized goods Section 62(1) Where any vehicle, instrument, goods or money has been seized under this Act, the same may be retained for a period not exceeding three months or if, within that period, proceedings are commenced for any offence under this Act, until the final determination of those proceedings. Section 62(2) Where any goods are seized and detained under this Act, they shall be returned, less any portion which has been reasonably utilized for the purpose of any tests, to the person from whom they were seized within a period of three months after the date of seizure unless within such period some person is charged with an offence under this Act and such offence was committed in relation to or in connection with such goods. Section 62(3) Where any perishable goods have been seized under any provision of this Act, the inspector who has seized the goods shall forthwith report to a magistrate the fact of the seizure and if the Magistrate is satisfied that the goods are perishable, he may authorize the inspector to dispose of the goods as the Magistrate may think fit. Section 62(4) Where any proceedings are taken for any offence under this Act, the Court by or before which the alleged offender is tried may make such order as to the forfeiture of the goods in respect of which such offence was committed or as to the disposal of any goods or money seized in connection therewith as the court shall see fit. Section 62(5) In this section "goods" shall be construed as including the proceeds of the sale of any goods, where such goods have been sold under subsection (3). - 63 Verify source ↗
MISCELLANEOUS PROVISIONS - 63. General penalties
A person guilty of an offence under this Act shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years or to both; and a court that convicts may also order prevention of dealing with the goods or articles concerned.
Section 63. General penalties Section 63(1) Any person guilty of an offence under this Act shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years or to both. Section 63(2) Where any person has been convicted of an offence under this Act, the court convicting him may, in addition to any other penalty to which the convicted person may be liable, make such order as the Court thinks fit to prevent the person from continuing to deal with or in the same goods or articles in respect of which the offence was committed. - 64 Verify source ↗
MISCELLANEOUS PROVISIONS - 64. Prosecution of offences
Inspectors may prosecute any offence under this Act.
Section 64. Prosecution of offences Section All offences under this Act may be prosecuted by an inspector. - 65 Verify source ↗
MISCELLANEOUS PROVISIONS - 65. Exemption for survey equipment
Equipment used for surveying land is exempt from the provisions of this Act.
Section 65. Exemption for survey equipment Section The provisions of this Act shall not apply to any equipment designed or used or intended for use in connection with the survey of land.
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