Kenya Country Profile

Food Safety Regulations Overview

Introduction To Food Safety Regulations

Kenya’s Food safety regulatory and legislative framework has several strengths which contribute mainly to
formal food system. The Kenyan food safety control system
is multi-sectoral in approach and is embodied in various statutes implemented
by various Government ministries/departments and regulatory agencies. Existing laws on food safety
is mandate of Kenya Bureau of Standards (KBS), Department of Veterinary Services (DVS)
and Ministry of Health and Kenya Plant Health Inspectorate Service (KEPHIS). KEPHIS
is a regulatory agency for quality control of agricultural input and produce.
DVS has the mandate of national livestock health and control of importation of
livestock and livestock products. KBS prepares standards relating to products,
certification of industrial products and quality inspection at ports of entry
among others. Provisions for protection of food in Kenya are found in a number
of laws, but the bulk of provisions are contained in the Public Health Act Cap
242, and the Meat Control Act Cap 356 of the laws of Kenya
which are also implemented by the County Government public health departments. The
National Food Safety policy envisages protecting
and promoting consumer health while facilitating the orderly development of the
food industries as well as fair practices in food trade. The policy will also
help Kenya to fulfil the international obligations, particularly those arising
from membership in the World Trade Organization. The major food laws in Kenya
related to Food safety in different sectors are:

1. Public Health Act Cap.242 Laws of Kenya  

2. Radiation Protection Act Cap.243 Laws of
Kenya (In the case of irradiated foods)

3. Food Drugs & Chemical Substances Act
Cap. 254

4. Agriculture Act Cap 318

 5.
Plant Protection Act Cap.324 (in case of fruits & vegetables)

6. Seeds & Plant Varieties Act Cap. 326
(imported seeds or seed crops with a potential to grow when planted)

7. Dairy Industry Act Cap. 336

8. Meat Control Act Cap. 356:  1 2 

9. Fisheries Act Cap. 378

10. Animal diseases Act Cap. 364 1

11. Customs & excise Act Cap. 496

12. The Standards Act Cap 496   

Government
bodies and agencies implementing the various food laws

 a) The Public Health Act Cap 242,
Food, Drug and Chemical Substances Act Cap 254 and Radiation Protection Act Cap
243 are implemented by the Ministry of Health officials at the ports of entry.

b) Agriculture Act Cap 318, Plant Protection Act Cap.324 (in case of fruits
& vegetables) and Seeds & Plant Varieties Act Cap 326 are implemented
by KEPHIS at the ports of entry. 

c) The Dairy Act Cap 336 is implemented by Kenya Dairy Board in liaison
with KEBS at the port of entry.

d) The Meat Control Act Cap 356, Fisheries Act Cap. 378 and Animal
diseases Act Cap 364,  the Pig Industry
Act Cap 361 are implemented by DVS in liaison with KEBS at the port of entry

e) Animal diseases Act Cap 364 is implemented by Department of Veterinary
Services in liaison with port Health officials at the port of entry.

f) The Customs & excise Act Cap. 496 is implemented by the Ministry
of Finance 

g) The Standards Act Cap 496 is implemented by the Kenya Bureau of
Standards (KBS)

Provisions of
Public Health Act

Provisions in the Public Health Act Cap 242 regulates that: 1.
Food must be prepared and stored in establishments approved for the purpose
using clean and pathogen free equipment and containers 2. Potable water be used
in preparation of food 3. Food products be processed or cooked to destroy
pathogenic microorganisms. 4. Food products must be processed, handled, packed,
stored and transported or shipped hygienically and all necessary precautions
taken to prevent recontamination. 5. Food stores must be free of vermin such as
rodents, flies and cockroaches 6. People should not sleep in food stores or
food preparation rooms such as kitchens 7. Food handlers must be free of
communicable diseases and must undergo regular medical check-ups. 8. Materials
and articles in contact with foodstuffs e.g. packaging materials or containers
must be non-toxic and innocuous. 9. Food products must not contain any harmful
additives or foreign substances including microbial toxins or chemical residues
in concentrations injurious to health. 10. Foodstuffs or food ingredients must
be transported and stored separately from poisonous substances such as
pesticides, fertilizers.               

The Provisions in the Meat Control Act Cap 356 regulations
include: 1. Animals meant for slaughter must be free of communicable /zoonotic
diseases, e.g. BSE, Avian Flu, FMD, rabies etc 2. There must be ante-mortem
inspection of slaughter animals to prevent slaughter of sick ones. 3.
Carcasses/organs of slaughtered animals showing lesions (at Post mortem
examination) of presence of infectious/communicable and zoonotic diseases be
condemned and destroyed to prevent it from entering the food chain. 4.
Carcasses be decontaminated before they enter the food chain and be protected from
re-contamination through appropriate handling and storage. 5. Treated animals
be slaughtered only after the recommended withdrawal periods have elapsed.

The other
Laws with provisions on food protection

1. Food production environments
must be free of toxic/poisonous substances e.g. fishing environments and soil
should be free of heavy metals to avoid production of contaminated food
(Fisheries Act Cap 378).  

2. Pigs should be raised in confinement and feed with feeds free of
disease pathogens such as salmonella (Pig Industry Act Cap 361).

3. Appropriate pesticides must be used to control pests in food crops and
food animals as well as appropriate withdrawal periods allowed to prevent
accumulation of pesticide residues (Pest Control and Products Act Cap 346).

4. Appropriate drugs and
antibiotics must be used to treat animal diseases and withdrawal periods
allowed to prevent accumulation of drug residues in animal food products (Food,
drugs and chemical substances Act Cap 254.

Challenges:

i)   Weak application and enforcement of laws: This causes widespread food poisoning and contamination both urban and
rural communities mainly related to contaminated
water supplies to unsafe food handling practices, particularly in roadside
eateries and informal settlements, creating a complex public health challenge
that impacts thousands of families across the country

ii)     
Limited level of awareness of Kenya’s population about risks of poor
food safety: Large number of Kenyas population are
either unaware of or dismissing
the potential health risks associated with poor food safety measures leading to food safety violations, including food handlers storing
equipment in toilets in urban areas yet many
Kenyans continue to patronize these businesses.

iii)   
Poor or lack of proper sanitation facilities: The persistent lack of proper sanitation facilities (clean water supply, toilets,
sewerage systems etc) and hygiene
practices among street vendors continues to pose serious public health
concerns.

iv)   
Overlapping Responsibilities and conflicts in Authority:
Most laws scattered
in many ministries, institutions and regulatory bodies, hence overlaps
and weakening
enforcement of food safety laws and regulations and practices. These also leads
to conflicts in Authority eg Ministry of Health, KEBS and KEPHIS have been assigned food safety
responsibilities but
some lack technical specialization and clear laws.

v)     Limited
Technical Expertise: These newly designated
authorities often lack the scientific and regulatory capacity required for effective
food safety oversight, which undermines system coherence and regulatory
effectiveness.

The key actors in Food safety regulation,
implementation and promotion

1.      Consumers.

2.      Formal
value chain actors (Processors, hotels etc)

3.      Informal
value chain actors (

4.      Professional
Associations. Research, Academia

5.      Advocacy
Players and Media

6.      County
Government health departments

7.      National
Government Ministries, departments and Agencies

8.      National
Regulators and Authorities

9.      Continental
Policy, Regulatory and Standards Stakeholders (AU)

10.   International
Research Organizations

11.   Funding
and Donors Partners

 

Impacts:



































































































In Kenya, children under five years old bear a disproportionate burden
of foodborne diseases, accounting for 40 percent of cases and resulting in
125,000 deaths annually. These illnesses not only strain healthcare systems but
also impact national economies, tourism, and trade. The vulnerability of young
children to foodborne illness makes this issue particularly crucial for public
health officials and healthcare providers.

Profile Of The Food Production , Agencies And Operators
Kenya
Kenya, officially the Republic of Kenya is a country located in East Africa.. Kenya's capital and largest city is Nairobi. The second-largest and oldest city is Mombasa, a major port city located on Mombasa Island. Other major cities within the country include Kisumu, Nakuru and Eldoret. Going clockwise, Kenya is bordered by South Sudan to the northwest (though much of that border includes the disputed Ilemi Triangle), Ethiopia to the north, Somalia to the east, the Indian Ocean to the southeast, Tanzania to the southwest, and Lake Victoria and Uganda to the west. Kenya's geography, climate and population vary widely. In western Rift Valley counties, the landscape includes cold, snow-capped mountaintops (such as Batian, Nelion, and Point Lenana on Mount Kenya) with vast surrounding forests, wildlife, and fertile agricultural regions in temperate climates. In other areas there are dry, arid, and semi-arid climates, as well as absolute deserts (such as the Chalbi Desert and Nyiri Desert). Kenya’s climate varies from tropical along the coast to arid in interior. Kenya’s landscape varies from low plains near its coast at the Indian Ocean, to a fertile plateau in west.
587,000 km²,
Kenya's population is estimated to be more than 53.3 million as of mid-2025 and is the 27th-most populous country in the world and the 7th most populous in Africa.
Only 30% of Kenya's population lived in urban areas, while 70% lived in rural areas.
Agriculture is vital for Kenya’s economy. The sector not only contributed 22.4 percent to the Kenyan GDP in 2021, one of the highest shares in Africa, but also was the main source of employment in the country. In 2022, mainly due to the overall economic impacts caused by the coronavirus (COVID-19) pandemic, the agricultural sector slightly declined
Kenya's total land area is about 587,000 km2, of which 576,076 km2 consists of land and 11,230 km2 is covered by water.
Of total land area, 18% has a high to medium agricultural potential. The rest is arid and semi-arid land (ASAL) and, therefore, of low agricultural potential. Kenya has six agro-ecological zones