Introduction

Weights and measures are vital for fair trade, consumer protection, and industrial development. In Kenya, the regulation of weights and measures ensures that all goods sold by weight, volume, or length meet consistent and legally approved standards. This system is essential for market confidence, revenue protection, and international trade.

The Weights and Measures Department is the Legal Metrology Body in Kenya. It derives its mandate from the Weights and Measures Act, Cap.513, Laws of Kenya and the Trade Descriptions Act, Cap.505, Laws of Kenya. Legal metrology concerns regulatory requirements of measurements and measuring instruments for trade, health, safety, law enforcement, environmental protection and the sale of goods.

Vision

To be a global leader in the provision of National Legal Metrology services.

Mission

To ensure the use of accurate weighing and measuring equipment in trade transactions, encouraging fair trade practices and protecting the consumer in order to enhance socio-economic development 

Mandate

Fair trade practices and consumer protection.

This is achieved through the enforcement of Weights and Measures Act, Cap 513 and Trade Descriptions Act, Cap 505 laws of Kenya.

Fees Charged

Prescribed nominal fees is charged for the services offered by the Department as per the Weights and Measures Act, Cap 513 of the Laws of Kenya.

Weights and Measures functions are undertaken at both National and County governments.

Functions of Weights and Measures Department at national level. 

•        Formulation and review of policy and legislation;

•        Type approval of new models of weighing and measuring equipment used for legal metrology work;

•        Liaising with international Legal Metrology bodies;

•        Provision of traceability to County Legal Metrology systems through calibration of standards and testing of equipment in our National Weights and Measures Laboratory; which is the reference laboratory for all legal metrology measurements; 

•        Enforcement of the Weights and Measures Act (Cap 513) and the Trade Descriptions Act (Cap 505) for consumer protection including surveillance, investigations and prosecutions;

•      Inspection of trading premises for the manner of description of goods and services offered in the course of trade;

•        Verification of weighing and measuring instruments used at strategic national installations, tax points, those areas for which the country has international obligations and other areas where Counties are yet to build capacity;

•        Provision of legal metrology tools for verification work to both National and

County Governments (Stamps of verification and Certificates of Verification); 

•        Conducting of research in measurement techniques in existing and emerging technologies and societal needs to inform legal metrology technical and policy interventions; 

•        Training of legal metrology officers in the Country; 

•        Provision of technical advisory services on legal metrology matters in the Country;

•        Licensing of repairers of weighing and measuring equipment used for legal metrology work;

•        Registration of manufacturers and sellers of weighing and measuring equipment;

•        Development and implementation of awareness creation programmes for legal metrology work.

Functions of Weights and Measures Department at county level

•        Verification of weighing and measuring equipment in trade;

•        Inspection of weighing and measuring instruments and pre-packed goods to ensure compliance with Weights and Measures Act Cap 513 and Trade Descriptions Act Cap 505;

•        Inspection of trading premises for the manner of description of goods and services offered in the course of trade

•        Investigations of complaints arising from Weights and Measures Act Cap 513 and Trade Descriptions Act Cap 505;

•        Prosecutions of offences arising from Weights and Measures Act Cap 513 and Trade descriptions Act Cap 505.

Historical Background

The weights and measures service was established in the country in 1912 under the police force. It was made into a separate unit under the police force in 1928 under a qualified inspector from Britain. In 1951, the function was moved from the police and made into a Department in the Ministry of Commerce and Industry with the Head Office in Nairobi at Ribeiro House, Luthuli Avenue. In 1953 the first regional office was opened in Nairobi, followed by the opening of the Kisumu office in 1954 and Mombasa office in 1956. These offices served the entire country. The Department later acquired land in South C, Nairobi where they built offices housing the headquarters and Nairobi Provincial Office and relocated in 1978.  More offices were opened progressively such that by the year 2000, the department had established 21 offices around the country known as zonal offices.

Following the promulgation of the new constitution in 2010, the Department had its services shared between the national government and county governments. In December, 2013 technical staff in the former 21 zonal offices were deployed to the counties.

Legal Framework

The main legal instrument governing weights and measures in Kenya is the Weights and Measures Act (Cap. 513), first enacted in 1971 and regularly revised. The Act provides for:

• Standardization of units of measurement.
• Verification and calibration of weighing and measuring equipment.
• Licensing of traders and businesses that use measuring instruments.
• Enforcement through inspections and penalties for non-compliance.

Weights and measures also derive its mandate from the Trade Description Act (cap 505)

The Ministry of Investment, Trade, and Industry (formerly the Ministry of Industrialization and Trade) administers the two Acts through the Department of Weights and Measures.

Metrication in Kenya

In line with international trends and to facilitate regional and global trade, Kenya officially adopted the metric system in the 1970s. This transition involved phasing out Imperial units in favor of metric units such as:

• Kilograms for weight
• Litres for volume
• Meters for length

The metrication process required public awareness, updating of legal instruments, and training for enforcement officers and businesses.

International and regional representation

Weights and Measures Department represents Kenya in international and regional organisations in legal metrology matters including OIML, AFRIMETS, and EAMET. Kenya became a member state of OIML in 1982. The Director of Weights -and Measures Department represents Kenya in International Committee of Legal Metrology (CIML). OIML is an intergovernmental organisation established under diplomatic treaty in Paris on 12 October 1955 whose primary aim is to harmonize the regulations and metrological controls applied by national metrological services, or related organisations, of its member states.

Kenya is a member country of Intra-Africa Metrology System (AFRIMETS) which is mandated to promote the development of scientific, industrial, and legal metrology issues across Africa. Weights and Measures Department is a member of the Legal Metrology Technical Committee.   In the EAC, the Department participates in the East Africa Metrology System (EAMET) in the technical committee concerned with legal metrology.

Implementation and Enforcement

Weights and measures officers routinely inspect businesses such as supermarkets, fuel stations, markets, and industries to verify that:

• Approved and calibrated equipment is used.
• Products are accurately labeled.
• Consumers receive fair quantities.

In cases of violations, penalties include fines, seizure of equipment, or legal action.

Trader/Consumer Obligations and how to seek redress

Trader Obligations

1. Ensure that every piece of equipment in your possession for use for trade bears a valid stamp of verification.
2. Ensure that the equipment bears a valid stamp of verification before buying it. It should also be suitable for the job intended.
3. If an inspector tests your equipment and reports to you that it is inaccurate, ensure that the equipment is repaired and re-stamped before putting back for use for trade.
4. If accuracy of your equipment is suspected for any reasons take it out of use and call an inspector immediately.
5. Ensure that a pre-packed goods sold by you complies with the weights and measures sale and labeling of goods rules.

Consumer Obligations

1. Ensure that weighing and measuring equipment in use by a trader are tested and stamped by an inspector.
2. Insist on delivery of correct quantity in your purchase and in particular learn to read the scale indications and observe the weighing of your purchase.
3. Report suspected inaccuracies or violations of the Weights and Measures Act to an inspector of Weights and Measures.

All complaints should be directed to the Director of Weights and Measures or the County Weights and Measures officer.

When making complaints report in time, provide accurate information and assist the inspector with investigations.

Organization of the Directorate

For effective service delivery the Directorate is organized into four (4) divisions

1. Operations services
2. Technical Services
3. Enforcement Services
4. Research and Development

Functions of the divisions

The functions undertaken by the divisions are as follows;-

Operations services

• Reviewing and developing legal metrology service administrative policies.
• Coordinating acquisition, care and maintenance of national legal metrology standards and testing equipment
• Overseeing inter-comparison of the primary legal metrology standards with international prototype standards
• Oversee operations of calibration laboratories at the county to ensure traceability. 
• Licensing of weighing and measuring equipment technicians, manufactures and sellers
• Liaising with the county legal metrology Directors and other local stake holders on the administration of legal metrology service.
•  Liaising with relevant regional and international institutions on accreditation and certification of National legal metrology Laboratories.
• Carrying out Advocacy of the legal metrology service
• Managing the weights and measures departmental Database.

Enforcement Services

• Formulating, monitoring and evaluating the implementation of laws and regulations relating to legal metrology
• Coordinating the review and harmonization of all policies, statutes, rules and regulations related to weights and measures.
• Operationalization of the Consumer Protection Act 2012 through provision of a secretariat to an advisory committee.
• Prosecuting and initiating appeals in liaison with the Director of Public Prosecutions at National level.
• Analyzing and reviewing Regional and International Legal Metrology recommendations  and documents for adoption
• Receiving and acting on complaints arising from trade malpractices and consumer protection at National level.
• Providing advice and interpretation on the enforcement of the weights and measures legislation.
• Representing the Directorate in regional and international fora for the review, development and harmonization of legal metrology legislation

Technical services

• Formulating and developing policies relating to technical matters of the legal metrology service. 
• Developing and implementing quality assurance procedures for testing and calibrating weighing and measuring equipment at the National Weights and Measures laboratories and at the county laboratories.
• Developing and aligning weighing and measuring equipment test procedures with the international (OIML), regional and sub-regional requirements.
• Approving new patterns of weighing and measuring equipment intended for use for trade.
• Calibrating the National legal metrology primary reference standards, secondary standards, secondary reference standards and the County secondary reference standards 
• Reviewing technical specifications of weighing and measuring equipment for use for trade and for ensuring human and health, safety and the protection of the environment.
• Representing the Directorate in regional and international technical fora.

Research and Development

• Reviewing and developing research and training policies for the Legal Metrology service.
• Coordinating the review, development and implementation of Legal metrology professionals training curriculum
• Coordinating departmental and county technical training programmes
• Coordinating legal metrology research programmes and disseminating the results to the relevant users.
• Developing and promoting appropriate technology transfer/interlinks in liaison with manufactures of weighing and measuring equipment
• Promoting innovation in the field of legal metrology