Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule.

The Second Schedule shall have effect for defining the units of measurement specified in that Schedule for all purposes in Kenya.

The kilogram shall be the base unit of measurement of mass by reference to which any measurement of weight shall be made in Kenya.

The measurement of the weight of an item may be expressed in the same terms as its mass by reference to the units of measurement set out in Part I of the Second Schedule.

The Cabinet Secretary shall procure and cause to be maintained standards of the metre and the kilogram which shall be the Kenya primary standards by reference to which the accuracy of all other standards of those units and of any other unit of measurement directly related to any of those units shall be maintained.

Every standard procured under subsection (1) shall, before being brought into use, be verified by the International Bureau of Weights and Measures and thereafter shall be reverified at such intervals and in such manner as may be prescribed; and the certificate of verification or reverification in respect thereof shall be kept in the custody of the Director.

On production of the certificate of verification or reverification kept under subsection (2) in respect of a Kenya primary standard, the standard shall be conclusively presumed for all purposes to be true and accurate, provided that the certificate is dated not earlier than ten years previous to the date of production thereof.

The Kenya primary standards shall be kept at such place, and under such conditions, as the Cabinet Secretary may prescribe.

Judicial notice shall be taken of every Kenya primary standard.

The Cabinet Secretary shall procure and cause to be maintained copies of the Kenya primary standards and the copies shall be designated the Kenya primary reference standards.

Every Kenya primary reference standard shall be verified by such authority and in such manner as may be prescribed.

Before the Kenya primary standards are reverified in accordance with subsection (2) of section 12, the Director shall cause the Kenya primary reference standards to be verified against the Kenya primary standards, and such Kenya primary reference standards shall be deemed to be the Kenya primary standards during such time as the Kenya primary standards are undergoing verification.

The Kenya primary reference standards shall be kept at such place, and under such conditions, as the Cabinet Secretary may prescribe.

Judicial notice shall be taken of every Kenya primary reference standard.

The secondary standards shall, at such time as the Cabinet Secretary may prescribe, be compared with the Kenya primary reference standards in the presence of the custodians of the Kenya primary reference standards, and when necessary shall be corrected and adjusted.

The secondary standards shall not be used elsewhere other than at the premises approved by the Director for their custody.

The custodians of the Kenya primary reference standards shall cause every weight or measure submitted to them for certification under this section to be compared with such one or more of the Kenya primary reference standards as may appear to them to be appropriate and, if that weight or measure is found correct and satisfies any other requirements of this Act, they shall issue a certificate to that effect which may include a statement of any error therein.

No weight or measure shall be used as a secondary standard unless there is for the time being in force a certificate of its fitness for the purpose.

A certificate issued under subsection (4) shall cease to have effect at the expiration of the period from the date of issue specified therein in accordance with the provisions of this Act.

The Director shall keep a record of all certificates issued under subsection (4).

Deleted by Act No. 2 of 2002, Sch.

Judicial notice shall be taken of every secondary standard.

The Cabinet Secretary shall provide secondary reference standards of such of the measures and weights set out in Part I of the Third Schedule as the Director may from time to time recommend as being proper and sufficient for the purposes of this Act.

The Director shall ascertain the accuracy of secondary reference standards by reference either directly or indirectly to secondary standards, at least once every year; and the standards may be used by an inspector for any purpose in connection with his duties.

Secondary reference standards may be replaced from time to time as may appear to the Cabinet Secretary to be necessary or expedient.

Every standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate.

Working standards and testing equipment shall be maintained in such manner as the Cabinet Secretary may prescribe.

The Cabinet Secretary may by order vary the Third Schedule by adding to or replacing any of the weights, measures or instruments specified therein as he may deem necessary.

Every working standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate.

No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones, pearls, precious metals or articles made therefrom.

Except as may be prescribed and subject to any rules made under section 33, no capacity measure specified in Part I of the Third Schedule shall be used for trade by means of any division or subdivision marked thereon as a capacity measure of any lesser quantity.

Any person who contravenes the provisions of this section shall be guilty of an offence and any weight or measure used or in the possession of any person or control for use for trade in contravention of any of those provisions shall be forfeited.

In using a measure of capacity, the same shall not be heaped, but either shall be stricken with a round stick or roller straight and of the same diameter from end to end, or if the article sold cannot from its size or shape be conveniently stricken it shall be filled in all parts as nearly to the level of the brim as the size and shape of the article permits.

Any person who uses a measure of capacity for trade otherwise than in accordance with subsection (1) shall be guilty of an offence.

A person shall not make for sale or cause to be made for sale or sell or cause to be sold, any false or unjust weight, measure, weighing or measuring instrument, and no person shall sell or expose for sale any weight, measure, weighing or measuring instrument, intended for use for trade unless the same bears a valid stamp of verification of a date not earlier than one year previous to such sale or exposure.

Any person who contravenes the provisions of this section shall be guilty of an offence and the weight, measure, weighing or measuring instrument in respect of which the offence is committed shall be forfeited.

Any weight, measure or weighing or measuring instrument in respect of which an offence under this section is committed and any stamp or stamping instrument used in the commission of the offence shall be forfeited.

An inspector shall, not more often than once in every year call upon persons in any area having weights, measures, weighing or measuring instruments in use for trade to produce the same for the purpose of their being examined, verified, stamped or restamped at such time and place within that area as he may appoint.

For the purposes of subsection (1) there shall be published a notice in the Gazette and in a newspaper circulating within such area stating the time and place so appointed, such time not being earlier than fourteen days after the publication of the notice.

Where a weight, measure, weighing or measuring instrument, by reason of it being permanently fixed or of its heavy weight or delicate construction cannot be conveniently moved or where a weight, measure, weighing or measuring instrument is situated at a distance exceeding twenty kilometres from the nearest place appointed in pursuance of subsection (1) it shall be sufficient for the purposes of this section if the person who has the same for use for trade notifies in writing its position to the inspector or some other officer authorized by the inspector to receive the notification at least three days in advance of the date the verification falls due.

An inspector shall attend with the working standards and testing equipment in his custody at the time and place notified under subsection (2) and upon payment of the prescribed fee, shall examine every weight, measure, weighing or measuring instrument brought or submitted to him which is of denomination or a pattern authorized by or under this Act, and shall compare or test it with the working standard and testing equipment and if he finds the weight, measure, weighing or measuring instrument to be accurate and correct, he shall stamp it with a stamp of verification in the prescribed manner.

Where a notification has been given under subsection (3) an inspector shall, upon payment of the prescribed fee, attend with the working standards and testing equipment in his custody at the place notified and shall test or examine and stamp any weight, measure, weighing or measuring instrument so notified in the same manner as if such weight, measure, weighing or measuring instrument had been brought or submitted to him.

In case of any measure, weighing or measuring instrument which is required by this Act to be verified only after it has been installed at the place where it is to be used for trade if after the same has been so verified and stamped it is dismantled and re-installed, whether in the same place or some other place, it shall not be used for trade after being so re-installed until it has been verified and stamped by an inspector; and if any person knowingly uses, or causes or permits any other person to use any measure, weighing or measuring instrument in contravention of this subsection or knowing that the same is required by virtue of this subsection to be so re-verified disposes of it to some other person without informing him of that requirement, he shall be guilty of an offence.

Whenever an inspector verifies any weight, measure, weighing or measuring instrument and finds it correct, he shall issue to the person bringing or submitting the same to him a certificate in respect thereof in such form as may be prescribed.

Subject to subsection (3), any person who fails to comply with any notice published under subsection (2) shall be guilty of an offence.

Where any pattern of weighing or measuring instrument is submitted by any person to the Director for approval in such manner as the Cabinet Secretary may prescribe the Director shall, on payment by that person of such fee as may be prescribed, cause to be examined in such manner as he thinks fit the suitability for use for trade of instruments of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in its construction, and if the Director is satisfied that such weighing or measuring instrument is suitable for use for trade then he shall issue a certificate of approval of that pattern and may from time to time thereafter authorise such modifications thereof as he may think fit.

Where a person submits a pattern of a weighing or measuring instrument to the Director under subsection (1) the Director may require the person to deposit with him the weighing or measuring instrument or parts of that pattern or model of such weighing or measuring instrument together with drawings of such weighing or measuring instrument or parts thereof.

A certificate of approval granted under this section may be granted subject to such conditions as the Director may specify in the certificate of approval; and if any person, knowing that such a condition has been imposed with respect to any weighing or measuring instrument, uses or causes or permits any other person to use the same in contravention of that condition he shall be guilty of an offence, and the weighing or measuring instrument shall be liable to be forfeited.

The Director, after consultation with such persons appearing to him to be interested as he thinks fit, may at any time revoke any certificate of authorization granted under this section, and shall cause notice of any such revocation to be published in the Gazette; and if any person knowing that the certificate of authorisation has been revoked, and except as may be permitted by any fresh certificate of authorisation granted in respect thereof, uses for trade or has in his possession or control for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question, or disposes of any weighing or measuring instrument toany other person in a state in which it could be so used without informing that other person of the revocation, he shall be guilty of an offence and the weighing or measuring instrument shall be liable to be forfeited.

The Director may accept and adopt, with or without modifications, an approval issued by a competent authority in another country, of any pattern of a weighing or measuring instrument.

If any difference arises between an inspector and any other person as to the interpretation of any specification for the construction of prescribed weighing or measuring instruments under this Act, that difference shall, at the request of that other person, be referred to the Director whose decision thereon shall be final.

The provisions of this section shall apply to the use for trade a weighing or measuring instrument of such class as may be prescribed.

No person shall use any article for trade as a weighing or measuring instrument to which this section applies, or have any article in his possession for such use unless that article, or weighing or measuring instrument to which this section applies in which that article is incorporated or to the operation of which the use of that article is incidental, has been passed by an inspector as fit for such use and, except as otherwise expressly provided by or under this Act, bears a valid stamp of verification indicating that it has been so passed; and if any person contravenes this subsection, he shall be guilty of an offence and any article in respect of which the offence was committed shall be liable to be forfeited.

Where a person submits any weighing or measuring instrument of a pattern in respect of which a certificate of approval granted under section 30 is for the time being in force, and an inspector is of the opinion that the weighing or measuring instrument is intended for trade for a particular purpose for which it is not suitable, he may refuse to pass or stamp it.

The minimum quantity referred to in subsection (2) (b) may be expressed in the rules by weight or volume, by percentage of the capacity of the container or in any other manner.

Any person who contravenes any rule under subsection (1) shall be guilty of an offence.

In the case of any sale where the quantity of the goods sold expressed in a particular manner is required to be made known, to the buyer at or before a particular time and that quantity is not so made known the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.

Where any goods required to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are sold, offered or exposed for sale without those requirements being complied with, the seller or person causing the goods to be offered or exposed for sale shall be guilty of an offence.

The preceding provisions of this section have effect subject to sections 46 to 49.

In this section "required" means required under this Act.

Subject to subsections (4) to (6), unless the quantity of the goods sold expressed in the manner in question is made known to the buyer at the premises of the seller and the goods are delivered to the buyer at those premises on the same occasion as, and at or after the time when, that quantity is so made known to him, a statement in writing of that quantity shall be delivered to the consignee at or before delivery of the goods to him.

If subsection (2) is contravened then, subject to sections 46 to 49, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.

If at the time when the goods are delivered the consignee is absent, it shall be sufficient compliance with subsection (2) if the statement is left at some suitable place at the premises at which the goods are delivered.

Subsection (2) shall not apply to any sale otherwise than by retail where, by agreement with the buyer, the quantity of the goods sold is to be determined after their delivery to the consignee.

Where any liquid goods are sold by capacity measurement and the quantity sold is measured at the time of delivery and elsewhere than at the premises of the seller, subsection (2) shall not apply but, unless the quantity by capacity measurement of the goods sold is measured in the presence of the buyer, the person by whom the goods are delivered shall immediately after the delivery hand to the buyer, or if the buyer is not present leave at some suitable place at the premises at which the goods are delivered, a statement in writing of the quantity by capacity measurement delivered, and if without reasonable cause he fails so to do he shall be guilty of an offence.

For the purposes of this section any statement, whether oral or in writing, as to the weight of any goods shall be taken, unless otherwise expressed, to be a statement as to the net weight of the goods.

Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.

Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.

Notwithstanding section 42(2) to (4), if in the case of any goods required under this Act to have associated with them a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act while that statement was contained in the document, shall be guilty of an offence.

Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.

A warranty shall not be a defence in any proceedings under subsection (1), unless, not later than seven days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person.

The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence.

If the person charged in any such proceedings as are mentioned in subsection (1) wilfully attributes to any goods a warranty given in relation to any other goods, he shall be guilty of an offence.

A person who, in respect of any goods sold by him in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained in it were, and would continue at all relevant times to be, accurate.

For the purposes of this section, any statement with respect to any goods which is contained in any document required under this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, shall be taken to be a written warranty of the accuracy of that statement.

In any proceedings for an offence under this Act, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

If in any case the defence provided by subsection (1) involves an allegation that the commission of the offence in question was due to the act or default of another person (not being a person under the control of the person charged) or due to reliance on information supplied by another person not being a person under his control, the person charged shall not, without the leave of the Court, be entitled to rely on the defence unless, before the beginning of the period of seven days ending with the date when the hearing of the charge began, he served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

If in any proceedings for an offence under this Act, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were, with the consent of the buyer, subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged shall not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment.

Subsections (1) and (2) shall apply with the necessary modifications to proceedings for an offence in respect of the size, capacity or contents of a container as they apply to proceedings for an offence in respect of the deficiency in the quantity of certain goods.

Where, by virtue of section 44, a person is charged with an offence with which some other person might have been charged, the reference in subsection (1) to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.

The Cabinet Secretary may by order provide that subsection (3) shall apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified under this Act with respect to the making known to the buyer of the quantity by weight of the goods sold by retail.

The Cabinet Secretary may from time to time for the purposes of this Act appoint inspectors from among persons holding certificates of qualification for the efficient discharge of the functions conferred or imposed upon them by this Act.

Notice of a person’’s appointment to or ceasing to hold office under this Act shall be given by the Cabinet Secretary in the Gazette.

A certificate of appointment signed by the Director shall be issued to every inspector appointed and shall be evidence of his appointment under this Act.

Any person who, immediately before the commencement of this Act, was an inspector appointed under section 27 of the Weights and Measures Act (Cap. 513) (1979) (now repealed), shall be deemed for the purposes of this Act to be an inspector appointed under this section.

There shall be a Director, Deputy Directors and so many Assistant Directors of Weights and Measures, as may be necessary for the purposes of this Act.

The Director may delegate in writing all or any of his powers, duties or functions under this Act, either generally or in any area in Kenya, or for such periods or purposes as he may specify, to any Deputy Director or to any Assistant Director, and may at any time revoke or vary such delegation.

The Director shall be responsible to the Cabinet Secretary for the custody and maintenance of standards provided under section 14, 15 or 16 and generally for the operation of the arrangements made to give effect to the purposes of this Act, and the general supervision of inspectors.

The arrangements made by or on behalf of the Director to give effect to the purposes of this Act may include the provision, under the supervision of the inspector in charge of any area, of a service for the adjustment of weights and measures, but not of other weighing or measuring instruments; and where such a service is so provided, the inspector shall charge such fee in connection therewith as the Cabinet Secretary may prescribe.

Any person who, immediately before the commencement of this Act was a superintendent or an assistant superintendent appointed under section 26 of the Weights and Measures Act (repealed) shall be deemed for the purposes of this Act to be Director or Assistant Director as the case may be.

An inspector may at any reasonable time inspect and test all weights, measures or weighing or measuring instruments which are used or are in any person’’s possession, or upon any premises for the purposes of trade, and may cause such weights, measures or weighing or measuring instruments to be compared with the working standards, and may apply such test as may be necessary to determine the accuracy therefor, and may seize and detain such of them as are liable to forfeiture under this Act.

For the purposes of subsection (1), an inspector may enter any shop, factory, store or warehouse, stall, yard or other premises wherein he has reasonable cause to believe that there are any weights, measures, weighing or measuring instruments which he is authorized under this Act to inspect or where any goods are bought, sold, exposed, pre-packed or kept for sale, or weighed or measured for sale or for conveyance or carriage or for any other trade purpose.

An inspector authorized under this section may also inspect and weigh or otherwise measure or count any goods on any premises or at any place where goods are bought, sold or exposed for sale, and may stop any vehicle or person carrying goods for sale or delivery to a purchaser and may enter any premises where goods have been delivered to a purchaser in order to ascertain that the provisions of this Act have been complied with and for any such purpose may use any weighing or measuring instrument which complies with the provisions of this Act and which may be upon such premises; and the inspector may require the production of any documents or records appertaining to the quantity or gauge of such goods and such reasonable assistance from any person present and having an interest in those goods as may be necessary.

An inspector may weigh or otherwise measure any container in or on which any goods are made up and may do anything else as respects the goods or container which is reasonably necessary, and which does not damage or depreciate the goods or container to ascertain whether the requirements of this Act are complied with.

For the purposes of subsection (4), an inspector may if necessary break open any container of goods or open any vending machine in which goods are offered or exposed for sale.

Where an inspector has reasonable cause to believe that any document produced to him under subsection (3) contains any inaccurate statement of quantity or gauge or may be required as evidence in proceedings under this Act, he may seize and detain the document giving in exchange thereof a certificate in the prescribed manner, signed by him to the effect that the document has been seized and giving reasons for the seizure.

An inspector entering any premises by virtue of this section may take with him such other person and such equipment as may appear to him necessary.

If any person discloses to any other person any information with respect to any secret manufacturing process or trade secret obtained by him in premises where he has entered by virtue of this section or any information obtained by him in pursuance of this Act he shall be guilty of an offence unless the disclosure was made in or for the purposes of the performance by him or any other person of the functions under this Act.

For the purposes of this section the powers of an inspector shall include power to require the person in charge of any vehicle carrying goods for sale, or for delivery after sale, by weight or measure to a purchaser to have it check- weighed.

An inspector may make such test purchases of goods as may appear expedient for the purposes of determining whether or not the provisions of this Act are being complied with; and the expenses incurred in making any such purchase shall be met from public funds.

An inspector may, in connection with the investigation of any alleged offence arising out of a test purchase involving payment with money, search any person for the money; or enter and search premises, or search any box or receptacle and the contents thereof at the place at which such test purchase has been made, and may seize the money so found and retain any change received for the purchase as evidence of the transaction.

Any goods purchased in pursuance of subsection (1) in respect of which no court proceedings are instituted shall be disposed of in such a manner as the Cabinet Secretary may prescribe.

Where any vehicle, instrument, goods or money has been seized under this Act, the same may be retained for a period not exceeding three months or if, within that period, proceedings are commenced for any offence under this Act, until the final determination of those proceedings.

Where any goods are seized and detained under this Act, they shall be returned, less any portion which has been reasonably utilized for the purpose of any tests, to the person from whom they were seized within a period of three months after the date of seizure unless within such period some person is charged with an offence under this Act and such offence was committed in relation to or in connection with such goods.

Where any perishable goods have been seized under any provision of this Act, the inspector who has seized the goods shall forthwith report to a magistrate the fact of the seizure and if the Magistrate is satisfied that the goods are perishable, he may authorize the inspector to dispose of the goods as the Magistrate may think fit.

Where any proceedings are taken for any offence under this Act, the Court by or before which the alleged offender is tried may make such order as to the forfeiture of the goods in respect of which such offence was committed or as to the disposal of any goods or money seized in connection therewith as the court shall see fit.

In this section "goods" shall be construed as including the proceeds of the sale of any goods, where such goods have been sold under subsection (3).

Any person guilty of an offence under this Act shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years or to both.

Where any person has been convicted of an offence under this Act, the court convicting him may, in addition to any other penalty to which the convicted person may be liable, make such order as the Court thinks fit to prevent the person from continuing to deal with or in the same goods or articles in respect of which the offence was committed.