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The Standards (Kenya Accreditation Service) Regulations

Legal Notice 26 of 2005

This is the latest version of this Legal Notice.
The Standards (Kenya Accreditation Service) Regulations
Citation
Legal Notice 26 of 2005
Primary work
Standards Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

STANDARDS ACT

THE STANDARDS (KENYA ACCREDITATION SERVICE) REGULATIONS

LEGAL NOTICE 26 OF 2005

  • Published in Kenya Gazette Vol. CVII—No. 24 on 8 April 2005
  • Commenced on 8 April 2005
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Standards (Kenya Accreditation Service) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise require—“accreditation” means the procedure by which KENAS gives formal recognition that a conformity assessment body or person is competent to carry out specific tasks;“assessment” means a process undertaken by KENAS to assess the competence of a conformity assessment body or persons based on particular standard(s) and or other normative documents and for a defined scope of accreditation;“assessor” means any person qualified and authorized to perform all or any part of assessment;“certification body” means a body corporate accredited by KENAS to certify management systems processes and products;“conformity assessment” means demonstration that specified requirements relating to a product, process, system, person or body are fulfilled;“conformity assessment body” means a body that performs conformity assessment activities such a laboratory, certification or inspection body;“fees” includes royalties, subscription, application and any other fee prescribed by the Board;“inspection body” means a body corporate accredited by KENAS to inspect products, items or structures against specifications or requirements;“KENAS” means Kenya Accreditation Service established under Regulation(3);“laboratory” means an establishment, which does one, a combination or all of the following; measures, examines, tests, calibrates or otherwise determines the characteristics or performance of materials or products;“lead assessor” means an assessor who is qualified and authorized to manage quality systems management;“person” means an individual, firm or organization;

3. Establishment of KENAS

(1)There is established a body to be known as the Kenya Accreditation Service.
(2)The Board of KENAS shall consist of the following members—
(a)a Chairperson who shall be appointed by the Cabinet Secretary;
(b)the Chief Executive Office of the Kenya Bureau of Standards;
(c)not more than three people, appointed by the Cabinet Secretary on the advice of the Council, who possess knowledge and competence in conformity assessment systems and competence in conformity assessment systems and who shall not be members of the Council nor officers employed by the Kenya Bureau of Standards;
(d)not more than four people, appointed by the Cabinet Secretary, representing conformity assessment bodies;
(e)the Chief Executive Officer of KENAS who shall be the secretary.

4. Appointment of a Chief Executive Officer and staff

The Board shall appoint a Chief Executive Officer and such members of staff as the Board may deem necessary for the proper performance of the function of KENAS

5. Functions of the KENAS

KENAS shall—
(a)develop and regulate the criteria or requirement for the registration of assessors, conformity assessment inspectors, auditors and training providers and review such criteria or requirements from time to time;
(b)develop and regulate criteria or requirements for accrediting conformity assessment bodies;
(c)register all assessors, conformity assessment inspectors, auditors and training providers;
(d)design and issue identification numbers and certificates to all registered assessors, conformity assessment inspectors, auditors and training providers and conformity assessment bodies;
(e)accredit conformity assessment bodies;
(f)open, maintain and update a register of all registered assessors, conformity assessment inspectors, auditors and training providers and accredited conformity assessment bodies;
(g)publish annually in the Gazette all the assessors, conformity assessment inspectors, auditors, training providers and conformity assessment bodies who have been registered or accredited in that particular year;
(h)establish arrangements promoting the use of the marks and certificates issued by registered persons and accredited conformity assessment bodies;
(i)establish and nurture relations and cooperation with regional and international accreditation bodies, persons, associations and organizations that the Board may consider desirable or appropriate and in furtherance of the objectives and purposes for which KENAS is established;
(j)organize activities aimed at raising awareness on the importance and purpose of registration and accreditation;
(k)establish a Secretariat to administer these Regulations.

6. Registration

(1)Every person or firm wishing to be registered or accredited shall make an application to the Board in the prescribed forms.
(2)An application for registration or accreditation shall be accompanied by such fees as the Board may, from time to time, prescribe.
(3)All registered persons or every accredited conformity assessment body shall pay such type and amount of fees and subscription as shall be determined, from time to time, by the Board.
(4)No person or conformity assessment body shall undertake any certification or conformity assessment activity unless authorised and duly registered or accredited by the Board.
(5)Any person or conformity assessment body who undertakes certification or conformity assessment activity without first being registered or accredited shall commit an offence and shall, on conviction, be liable to punishment as provided for under the Act.

7. Certificates

(1)All registered persons and every accredited conformity assessment body under these Regulations shall be issued with—
(a)a certificate of accreditation in the prescribed form; and
(b)an identification number specified by the Board.
(2)A certificate issued under these Regulations shall contain such terms and conditions as the Board may prescribe and shall be conclusive evidence of authority to operate as a duly registered person or accredited body.

8. Powers and functions of the Board

(1)The Board shall have powers to cancel the registration or accreditation where—
(a)registration or accreditation has been obtained by fraud;
(b)the registered person or accredited conformity assessment body does not comply with specified criteria, requirement or condition for registration or accreditation as the Board may prescribe or having complied with the criteria, requirement or condition at the time of registration or accreditation ceases to comply by any other reason;
(c)the registered person has been adjudged bankrupt;
(d)the accredited conformity assessment body is declared insolvent or has had a receiving order issued against it;
(e)the registered person or accredited conformity assessment body has refused or neglected to pay specified fees as the Board may, from time to time, prescribe.
(2)The Board shall have power to supervise and control the administration and financial management of KENAS.
(3)The Board may advice and obtain advice from the Cabinet Secretary in regard to any matter in his purview under these Regulations.
(4)The Board shall formulate matters of policy for the purpose of providing general or specific guidance to KENAS for the better performance of its functions under these Regulations.
(5)The Board—
(a)shall administer the assets and funds of KENAS in such a manner and for such purposes as will promote the objectives and interests of KENAS in accordance with these Regulations;
(b)may receive donations and other monies, property and equipment on behalf of KENAS and shall have power to make legitimate disbursements thereform.
(6)The Board shall have powers to establish committees to which it may delegate specific tasks.
(7)The Board shall have powers to grant, renew, extend, withdraw or cancel an registration or accreditation.

9. The Board to establish committees

The Board shall establish-
(a)a committee to be known as the registration and accreditation committee which shall comprise of not less than four but not more than six members who shall be persons knowledgeable in conformity assessment actives and which shall have powers to—
(i)make rules to regulate its own procedure and affairs to ensure independence and impartiality;
(ii)review applications for registration and accreditation; and
(iii)recommend to the Board whether or not to grant, renew, extend, withdraw or cancel registration or accreditation and the manner with which to deal with the certificate issued thereto;
(b)an advisory committee of such members not being members of the Board and not being more than five to—
(i)hear all disputes regarding any person or body seeking registration or accreditation or any person or body registered or accredited by the Board; and
(ii)make recommendations to the Board and the Board shall consider such recommendations and make a decision.

10. Financial provisions

(1)The funds of KENAS shall consist of all monies received or recovered under these Regulations by or on behalf of KENAS or any other monies that may be made available to KENAS.
(2)The Board shall cause to be kept all proper books of accounts and other books and records in relation to the funds and all the undertakings, activities and property of KENAS and shall, within such period after the end of each financial year, as the Cabinet Secretary shall specify, cause to be prepared—
(a)a balance sheet showing in detail the assets and liabilities of KENAS as at the end of that year;
(b)such other statements of accounts as may be necessary to indicate the financial status of KENAS as at the end of that year.
(3)The accounts of KENAS shall be examined audited and reported upon annually by the Controller and Auditor-General.

11. Immunity from actions done in good faith

(1)No matter or thing done by the Board or any officer or employee or agent of KENAS shall, if the matter or thing is done bonafide for executing the functions, powers and duties of KENAS render the member, officer, employee or agent or any person acting by his directions personally liable to any action, claim or demand.
(2)The provisions of these Regulations shall not relieve KENAS of the liability to pay compensation or damages to any person for injury or loss caused to him, his property, or any of his interest by the exercise of powers conferred by these Regulations by reason of negligence whether wholly or partially of its officers or employees.

12. Delegation

The Board may by resolution either generally or in any specific case delegate to a Committee of KENAS or to any member, officer employee or agent the exercise of any of the powers or the performance of any of the functions or duties for which it is authorised by these Regulations to exercise or perform.

13. Appeals

Any registered person or accredited conformity assessment body aggrieved by any decision made by the Board and wishes to challenge the same shall within twenty one days from the date of the decision of the Board, appeal to the Standards Tribunal.

14. Revocation

The following are revoked—
(a)the Standards (National Calibration Service) Regulations (L.N. No. 8/1984); and
(b)the Standards (National Scheme for the Registration of Assessors) Regulations (L.N. No. 90/1995).
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History of this document

31 December 2022 this version
08 April 2005
Commenced