ADVOKS GLOBAL · KENYA
Standards Act
14A. Order that goods be destroyed
Edition: 2026-07-10 · In force
14A. Order that goods be destroyed
(1)An inspector may order the destruction of goods detained under section 14(1) if the following conditions are satisfied—(a)testing indicates that the goods do not meet the relevant Kenya Standard; and(b)it is reasonably necessary to destroy the goods because the goods are in a dangerous state or injurious to the health of human beings, animals or plants.(2)In an order under subsection (1) the inspector may require the owner of the goods to pay the costs of the destruction of the goods including the costs of transporting and storing the goods before destruction.(3)At least fourteen days notice shall be given of an order under subsection (1) either by giving the owner of the goods a written notice or by publishing a written notice in the Gazette.(4)Any person who is aggrieved by an order under subsection (1) may, within fourteen days of the notice of the order under subsection (3), appeal in writing to the Tribunal.(5)An order under subsection (1) shall not be carried out until the time for appealing to the Tribunal has expired and, if the order is appealed, the order shall not be carried out until the Tribunal has dealt with the appeal.(6)If the goods in respect of which an order under subsection (1) is made have not been entered into Kenya within the meaning of the East African Community Customs Management Act, 2004 (No. 1 of 2005), the goods may be exported and, if the owner of the goods gives an undertaking to export the goods, the order shall not be carried out until at least thirty days after the notice of the order under subsection (3).(7)No inspector shall be personally liable for making an order under subsection (1) in good faith.(8)No person shall be personally liable for carrying out an order under subsection (1) in good faith.(9)For greater certainty subsections (7) and (8) do not relieve the Bureau of any liability it may have with respect to an order that is made or carried out otherwise than in accordance with this section.(10)For the purposes of carrying out his duties under the Act, every inspector shall have the powers, rights and privileges specified in section 14 and the protection of a police officer.(11)An inspector who—(a)directly or indirectly solicits for, or receives in connection with any of his duties, a payment or other reward whatsoever, whether pecuniary or otherwise, or a promise or security for any such payment or reward not being a payment or reward which he is lawfully entitled to claim; or(b)enters into any agreement to do, abstain from doing, permit, conceal or connive at any act whereby the Bureau is or may be defrauded, or which is contrary to the provisions of this Act or the proper execution of the duty of that officer; or(c)discloses, except for the purposes of this Act or when required to do so as a witness in a court of law or with the approval of the Director, information acquired by him in the performance of his duties relating to a person, firm or business of any kind; or(d)uses his position to improperly enrich himself or others, shall be guilty of an offence and liable to imprisonment for a term not exceeding five years or to a fine not exceeding one million shillings or both and any money, property or reward obtained fraudulently or any property acquired using money obtained fraudulently shall be forfeited to the Government.(12)A person who, with the intention of defrauding the Bureau—(a)directly or indirectly offers to give an inspector a payment or reward, whether pecuniary or otherwise, or makes a promise or security for any such payment or reward; or(b)promises or enters into an agreement with an inspector in order to induce him to do, abstain from doing, permit, conceal or connive at, any act whereby the Bureau may be defrauded, or which is contrary to the provisions of this Act for the proper execution of the duty of that inspector, shall be guilty of an offence and liable to imprisonment as prescribed under subsection (11).