Lawmakers question KEBS planned use of 'covert operations' during market inspections

The Kenya Bureau of Standards (KEBS) is facing criticism from lawmakers over proposed regulations that would allow the quality assurance bureau to conduct “covert operations” during market surveillance.

Members of the National Assembly’s Departmental Committee on Delegated Legislation questioned KEBS on the need for the term, warning that it could create legal and accountability problems for the standards regulator.

The House team chaired by Ainabkoi MP Samuel Chepkonga was scrutinising the draft Standards (Market Surveillance) Regulations, 2026 before their publication.

The proposed market surveillance regulations seek to create uniform procedures for KEBS investigations, inspections, sampling, testing and enforcement.

Garissa Township MP Mohamed Dekow questioned why KEBS needed to use the term “covert operations” in the proposed regulations.

To which KEBS officials explained that the measure would allow inspectors to visit vendors without prior notice, buy products and have them tested to determine whether they meet the required standards.

Chepkonga, however, urged the regulator to replace the term with language that clearly reflects its legal mandate.

“You will appear without notice, and KEBS is a public entity that should operate with transparency. You should use impromptu inspections rather than covert operations,” said the chairperson.

The lawmakers also expressed concerns over whether KEBS would be able to conduct effective market surveillance without compromising the rights of businesses.

Samburu County MP Pauline Lenguris said the committee needed to understand the reasons behind some of the enforcement measures proposed in the regulations.

She however, was of the view that giving traders advance notice of inspections could undermine enforcement because some vendors might change their conduct before inspectors arrive.

Kilgoris MP Julius Sunkuli called on KEBS to simplify the language used in the regulations so that ordinary Kenyans can understand their rights and obligations.