The legality of a new levy on manufacturers is facing scrutiny after the Green Thinking Action Party challenged it in court, arguing it was imposed unfairly and could hinder industrial operations.
The dispute comes months after the Trade, Investments and Industry Ministry introduced the Standards (Standards Levy) Order 2025 through the Kenya Bureau of Standards.
The party approached the High Court seeking to halt the levy, claiming that the process ignored constitutional safeguards and that the financial burden would be crippling for manufacturers. Following the petition, the court temporarily suspended the collection of the levy pending further review.
Attorney-General Dorcas Oduor defended the levy in court, insisting that Trade Cabinet Secretary Lee Kinyanjui acted within his statutory authority. She explained that the Cabinet Secretary has the legal power to amend and adjust the levy, and that the changes under Legal Notice 136 of 2025 were consistent with this mandate.
Oduor stressed that halting the levy would disrupt not only industry operations but also the functions of the Kenya Bureau of Standards.
She outlined that the levy is designed to support the development of standards, improve quality control of goods and services, fund research, and provide necessary training for the sector.
The ministry also clarified that sectors like energy generation, software development, computer engineering services, and dry cleaning fall within the definition of manufacturers under the Standards Act.
Including these industries under the levy, the submission said, is fully aligned with statutory responsibilities and the government’s mandate to ensure compliance with national standards.
The Green Thinking Action Party, however, contends that the levy is discriminatory, unreasonable, and threatens business viability.
They argue that the financial obligations introduced under the revised order were unfairly applied and implemented without proper procedural adherence. The case now raises key questions on the scope of ministerial authority and the limits of imposing new financial duties on industries.
