Kenya

CERTIFICATION OF CONFORMITY (CoC) FOR EXPORTS TO KENYA

The Kenyan Bureau of Standards (KEBS), a statutory organization of the government of Kenya, is responsible for the adoption and application of Standards for both imported and domestically manufactured products in the Kenyan market. Since 29 September 2005, KEBS has been implementing the Pre-Export Verification of Conformity (PVoC) to Standards Program which was to run for a period of three years. This is a conformity assessment and verification procedure applied to specific goods/ products at the respective exporting countries, to ensure their compliance with the applicable Kenyan Technical Regulations and Mandatory Standards or approved equivalents. After re-tendering of the PVoC Program and a rigorous evaluation process KEBS has appointed SGS to operate the PVoC program on its behalf, in all countries and regions for an additional 3-year term which commenced on 15th November 2008.

All consignments subject to PVoC must obtain a Certificate of Conformity (CoC) issued by PVoC Country Offices (offices operated and managed by authorized KEBS Agents) prior to shipment. The Certificate is a mandatory Customs Clearance document in Kenya; consignments arriving at Kenyan Ports without this document will be denied entry into the country. In exceptional cases, at the sole discretion of KEBS, specific consignments may be allowed to undergo destination inspections after receiving the appropriate application from importers. Such consignments will be subject to a penalty of 15% of the CIF value of the goods plus 15% bond and the testing and inspection costs. All other expenses incurred at destination will be borne solely by the importer.

Operations of the PVoC Program

Over the years KEBS has been undertaking conformity assessment of both locally manufactured and imported goods as part of its mandate in implementation and enforcement of Kenya standards through the Quality Assurance, and Import and Export Department. However, verification of imported goods was hitherto restricted to post- shipment verification. This not only led to delays at the port of entry, but also laid a heavy responsibility on KEBS who has to ensure that substandard goods are re- exported or destroyed in an environmental friendlier manner.

To curb some of these problems, KEBS has put in place the PVoC program to ensure that selected goods are verified for conformity to relevant Kenya standards or approved equivalents before shipment to Kenya. The primary objective of applying PVoC program is to ensure quality of products, health and safety, and environmental protection for Kenyans and this is reflected in the product coverage scope.

The key elements undertaken in PVoC are:

  • Physical inspection prior to shipment
  • Sampling, testing and analysis in accredited laboratories
  • Audit of product processes
  • Documentary check of conformity with regulations
  • Assessment of conformity to standards

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Objective & Principle of the Program

The aim of the Kenya PVoC program is to minimize the risk of unsafe and sub-standard goods entering Kenya through the execution of conformity assessment activities in the country of export. This will help ensure that consumers are protected from unsafe and sub-standard goods, and that Kenyan manufacturers are not subjected to unfair competition.

The PVoC program is based on Article 5 of Technical Barriers to Trade (TBT/WTO), which requires that technical requirements (i.e. Standards) applied to foreign products must also be applied to domestically manufactured products. Over 2500 domestic companies are already subjected to Kenya standards, through our Quality assurance department and therefore PVoC will offer equal and national treatment to imported products.

Since PVoC is a conformity assessment process to verify that products imported to Kenya are in compliance with the applicable Kenya standards or approved equivalents, regulations and technical requirements before shipment, it is the sole responsibility of the supplier (i.e. exporter) to demonstrate the same and hence meet any associated costs of verification.

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Basic Features of the Kenya PvoC Program

  • Goods imported into Kenya require a Certificate of Conformity (CoC)
  • CoC is a mandatory customs clearance document for each consignment.
  • Goods arriving without CoC will be denied entry OR penalties will be imposed at KEBS discretion.
  • Goods exempted from the program are still subject to KEBS destination inspection.
  • Exporter is liable for any legal or economic consequences arising for goods shipped without the cover of a CoC.
  • Responsibility of compliance lies with the supplier/exporter.

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Responsibilities of Involved Parties

Importers

Ensure their suppliers are conversant with import quality requirements and that their consignments are accompanied with a Certificate of Conformity (CoC) from the appointed PVoC Partners.

Exporters

Ensure their products or goods meet the regulations and quality requirements of Kenya before shipment by carrying out tests and/or obtaining the necessary certification of Conformity (CoC) from the appointed PVoC partners for all products subject to the PVoC program.

KEBS

Ensure that only quality goods gain entry into the country as provided for in the Standards Act Cap 496, Laws of Kenya and the Quality Imports Order No. 78 of July, 2005, thereby offering the necessary protection to Kenya’s consumers in safety, health and environmental matters.

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PVOC Procedure & Certification Routes

ROUTE A (PDF 173 KB): Consignment Inspection & Testing

  • Inspection is arranged and carried out in an accredited lab (as above)
  • Upon satisfactory inspection & testing, a COC is issued.
  • CoC is valid only for one consignment and for 90 days maximum.

ROUTE B (PDF 173 KB): Product Registration, Inspection and Random Testing

  • For frequent exporter of homogenous products.
  • Involves Self-declaration of compliance supported by substantiated evidence (test reports, ISO 9000 series certificates etc)
  • Issuance of Statement which is valid for 1year.

ROUTE C: Product Licensing and Random Testing

  • Only for manufacturers;
  • Diamond Mark Holders are eligible;
  • Audit of the manufacturing facility;
  • However random inspection and testing at Partner’s discretion.