В Кении вступит в силу закон, предусматривающий до пяти лет тюрьмы за обман покупателей при взвешивании товаров

Cheat customers on weights, face up to five years in jail New Bill would allow inspectors to arrest suspects, seize faulty weighing equipment and impose fines of up to Sh5 million by MOSES OGADA Audio By Vocalize Manufacturers who cheat their customers by failing to package the correct weights of products could come under a tight legal regime. The government wants to give inspectors enforcement powers over traders and manufacturers who shortchange consumers by falsifying weights and other measures for products. There have been concerns about bread, cement and some liquid products not weighing the exact quantities stated. A team of officers, with powers to arrest suspects without a warrant, search businesses and confiscate faulty weighing equipment, will be deployed if the proposed law is enacted. The proposed powers are contained in the Legal Metrology Bill, 2026, sponsored by National Assembly Majority leader Kimani Ichung'wah. The Bill seeks to repeal the Weights and Measures Act and establish a new legal framework to police the use of weighing and measuring equipment in trade. Traders who manipulate weighing scales, fuel dispensers, water meters, electricity meters and other measuring devices used in commercial transactions would be targeted. Recently, the Star highlighted a story on how Kenyans are paying for less in a number of goods, such as bread, sugar, cooking gas and other household consumables. The proposed law could come as a rescue. Under the proposed dispensation, inspectors will be allowed to stop, detain and arrest without a warrant any person suspected of committing an offence under the Act. Those found in possession of weighing or measuring equipment believed to have been used in an offence would also be frisked. The Bill, however, limits such arrests to cases where a suspect obstructs an inspector, is likely to ignore a summons, refuses to provide their name and address, or gives information the inspector believes is false. The proposed law also gives inspectors extensive powers to enter business premises to carry out inspections. They will be allowed to enter shops, factories, warehouses, markets and other trading premises to inspect and test weighing or measuring equipment used in business. Inspectors may also stop vehicles transporting goods for sale or delivery and enter premises where goods have been delivered to customers. In some cases, they will be allowed to break open containers of goods or open vending machines during inspections. The Bill introduces severe penalties for traders found cheating customers. Anyone convicted of using false weighing or measuring equipment will face a fine of between Sh10,000 and Sh5 million, imprisonment for up to five years, or both. Any weighing or measuring equipment used to commit the offence will also be forfeited to the state. The legislation further criminalises tampering with weighing equipment. It outlaws the destruction or alteration of official verification stamps, forging calibration certificates and modifying equipment in a way that makes it inaccurate. The Bill also prohibits the sale or transfer of weighing equipment bearing forged verification stamps or equipment that has not been officially certified. Under the proposed law, equipment whose error exceeds the maximum limits prescribed by regulations will automatically be considered false or unjust. To enhance investigations, the proposed law introduces undercover “test purchases”. Inspectors will be allowed to buy goods from traders to determine whether businesses are complying with the law. After such purchases, inspectors may search the premises, recover the money used in the transaction and retain any change received as evidence in court proceedings. The Bill also permits inspectors to take photographs, videos and audio recordings during inspections for use as evidence in prosecutions. In what may come in handy for customers, the legislation places the burden of proof on traders. Where weighing or measuring equipment is found in a business or on commercial premises, the trader will be presumed to possess it for trade purposes unless they prove otherwise. Businesses will also be required to submit all weighing and measuring equipment for verification and official stamping at least once every year. Failure to present equipment for annual inspection will constitute an offence. The proposed law further makes it illegal to refuse inspectors access to equipment, obstruct inspections or assault enforcement officers carrying out their duties. The Bill repeals the existing Weights and Measures Act but allows current inspectors to remain in office under the new legal framework to ensure a smooth transition. During earlier discussions on the legislation, lawmakers noted that the law should also regulate electricity and water meters, taxi meters, clinical thermometers, blood pressure monitors, tyre pressure gauges, speed guns and breathalysers used by traffic police. This is premium content Subscribe to Continue Reading Help us continue bringing you unbiased news, in-depth investigations, and diverse perspectives. Your subscription keeps our mission alive and empowers us to provide high-quality, trustworthy journalism. Join us today to make a difference!