ADVOKS GLOBAL · KENYA
Food, Drugs and Chemical Substances Act
37. Certificates of analysis and presumptions
Edition: 2026-07-10 · In force
37. Certificates of analysis and presumptions
In any proceedings under this Act—(a)a certificate of analysis purporting to be signed by a public analyst shall be accepted as prima facie evidence of the facts stated therein:Provided that—(i)the party against whom it is produced may require the attendance of the public analyst for the purposes of cross- examination; and(ii)no such certificate of a public analyst shall be received in evidence unless the party intending to produce it has, before the trial given to the party against whom it is intended to be produced, reasonable notice of such intention together with a copy of the certificate;(b)evidence that a package containing any article to which this Act or any regulations made thereunder apply bore a name, address or registered mark of the person by whom it was manufactured or packed shall be prima facie evidence that such article was manufactured or packed, as the case may be, by that person;(c)any substance commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption;(d)any substance commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that substance and any substance commonly used in the manufacture of products for human consumption which is found on premises used for the preparation, storage or sale of those products, shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing products for sale, for human consumption;(e)any substance capable of being used in the composition or preparation of any substance commonly used for human consumption which is found on premises on which that substance is prepared shall, until the contrary is proved, be presumed to be intended for such use.