The government has been stopped from implementing the Standards (Standards Levy) Order, 2025, after the High Court issued interim orders maintaining the status quo pending further directions.
The orders followed a petition filed by a political party, the Green Thinking Action Party (GTAP), challenging the constitutionality and legality of Legal Notice No. 136 of 2025, which introduced a significantly increased monthly Standards Levy payable to the Kenya Bureau of Standards (KEBS).
In its interim ruling, the court directed that the status quo be preserved with respect to the impugned levy, effectively suspending its enforcement until the petition is heard and determined.
The matter has been scheduled for further directions on 16th January 2029.
In the petition, GTAP argues that the levy increase ranging between 900 per cent and 1,400 per cent is unconstitutional, discriminatory, unreasonable, and contrary to Article 201 of the Constitution, which sets out principles of public finance.
The party further contends that KEBS and the Ministry of Investments, Trade and Industry unlawfully expanded the definition of “manufacturers” to include sectors such as energy generation, software development, computer engineering services, and dry cleaning.
According to the petitioner, the Legal Notice was enacted without meaningful public participation or the conduct of a Regulatory Impact Assessment, in violation of Article 10 of the Constitution and the Statutory Instruments Act.
It is also alleged that the new levy departs from the original purpose of the Standards Levy Order of 1990, transforming it from a tool for promoting standardisation and quality control into a revenue-raising mechanism.
GTAP warned that the financial impact of the levy would cripple manufacturers and businesses now unlawfully classified as manufacturers, potentially leading to business closures, job losses, and irreparable harm to thousands of families dependent on the affected sectors.
The party argued that the respondents would suffer no prejudice if the interim orders remain in force, noting that the government can continue operating under the pre-existing legal framework pending the final determination of the petition.
Those named as respondents in the case include the Kenya Bureau of Standards, the National Assembly, and the Attorney General
