Weights and Measures Act

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.

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.

The metre is designated as the base unit for measuring length in Kenya.

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.

The ampere is defined as the base unit of measurement of electric current in Kenya.

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.

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.

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.

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.

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.

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.

The Cabinet Secretary may, by order, vary the Third Schedule by adding to or replacing any weights, measures or instruments specified there.

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.

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 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.

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.

Using or possessing for trade any false or unjust weight, measure or weighing/measuring instrument is an offence and the instrument may be forfeited.

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.

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.

Weights, measures, or weighing/measuring instruments that have a greater error than the prescribed limit are deemed false or unjust under the Act.

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 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.

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.

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.

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.

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.

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.

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.

Establishes rules about the material and principles of construction of weights, measures, and weighing or measuring instruments for use in trade.

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 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.

The Cabinet Secretary may, by order, grant exemptions (generally or in specified circumstances) for goods or sales from requirements under sections 34 and 35.

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.

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.

The Cabinet Secretary may, by order, exempt specified goods or sales from all or some requirements of section 38.

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 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.

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.

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.

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.

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 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.

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.

Subsequent deficiency

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.

If the quantity of goods is made known to the buyer before the purchase price is agreed, that is sufficient compliance with the requirement.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

Inspectors may prosecute any offence under this Act.

Equipment used for surveying land is exempt from the provisions of this Act.