Trade Description Bill No. 42: false labels face new rules

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The Trade Description Bill before a second reading would tighten rules on false labels, misleading ads and digital-platform take-downs. National Assembly Bill No. 42 of 2026 amends the Trade Descriptions Act, Cap. 505, for e-commerce and modern retail. The Departmental Committee on Trade, Industry and Cooperatives has already tabled amendments after public hearings.

What the Trade Description Bill changes

The Bill was published on 19 June 2026 in Kenya Gazette Supplement No. 154 and read a first time on 28 July 2026. The committee’s November 2026 report on parliament.go.ke says the text modernises Cap. 505 for false trade descriptions, misrepresentations, digital platforms and e-commerce. It expands inspection, random visits, testing and test purchases, and adds powers over online channels that sell into Kenya.

Retailers that already wrestle with counterfeit risk should keep KEBS and Anti-Counterfeit Authority rules in view alongside this Bill. Platforms and marketplaces are squarely in the committee’s discussion of take-down duties.

Committee safeguards on the Trade Description Bill

Stakeholders including KAM, RETRAK, the Digital Platforms Association of Kenya, CA and LSK backed modernisation but warned against unchecked arrest and platform powers. The committee’s proposed amendments include:

• Arrest with a warrant under the new inspector powers, instead of warrantless arrest as first drafted.
• Due-diligence defence so employers and partners are not automatically liable for staff offences they neither knew nor could reasonably stop.
• Time-capped trading bans after conviction — up to twelve months for a first order and two years for a later one — instead of open-ended prohibitions.
• Mandatory credentials for inspectors, plus data-protection limits on photos, trade secrets and manufacturing process information.
• Court-linked take-downs so digital-platform removal orders sit under clearer judicial process.

What happens next for the Trade Description Bill

The Bill is listed for second reading on the National Assembly Order Papers of 5 and 10 November 2026. Committee amendments still need House approval. Until passage and assent, Cap. 505 continues as today. Businesses drafting online product pages should already avoid false claims; the Bill would raise the cost of getting that wrong once it is law. Importers watching other compliance calendars can also see our minimum top-up tax deadline.

Frequently asked questions

Is the Trade Description Bill law yet?

No. It is at second-reading stage in the National Assembly.

Does it cover online marketplaces?

Yes. The committee report says the Bill adds powers over digital platforms and e-commerce channels selling into Kenya.

Will inspectors arrest without a warrant?

The committee proposes changing that draft power to arrest with a warrant.