The Standards Tribunal has ordered the retest a shipment of imported sweets, setting aside a decision by the Kenya Bureau of Standards (KEBS) to block the goods and have them re-exported or destroyed.
- •The dispute arose after KEBS tests in December 2024 found the sweets failed to meet Kenya’s toffee specification standard and directed the importer to re-export or destroy the goods.
- •The ruling requires KEBS to carry out a fresh test on the candy imported by Joyline East Africa Ltd within 14 days, in the presence of the importer’s representative.
- •If the products are again found non-compliant, Joyline will be given 30 days to re-ship them to the country of origin before KEBS can destroy the goods at the company’s expense.
“In the circumstances, we find the prayer for retest and resampling reasonable. We have perused the orders sought by the Appellant (Joyline East Africa) and include that the Respondent’s decision dated 5th May 2025 rejecting the Appellant’s Candy Sweets be set aside,” the tribunal ruled.
Joyline has sought multiple reviews citing test results from international laboratories that found the products compliant and alleging KEBS samples were unrepresentative and improperly handled. KEBS rejected these claims by insisting the batch was homogeneous and its testing process sound.
At the Tribunal, KEBS argued that Joyline’s appeal was filed outside the statutory 14-day window, making it time-barred. It maintained that only the Bureau is authorized to verify conformity under the Standards Act and the 2020 Verification of Conformity Order, and that private laboratory findings could not override its determinations.
The Tribunal sided with Joyline on timeliness, finding the May 5 decision triggered a new window to appeal. While affirming KEBS’s statutory role as the sole arbiter of product conformity, it concluded that fairness warranted a re-test given the conflicting laboratory results and the lack of risk to the public.