| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
|
|
Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
|
|
NTB-001-143 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory |
2023-09-22 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.
The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.
Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.
The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.
Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.
Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania |
|
|
Resolution status note:
|
The NTB was resolved during the Bilateral meeting where both Parties agreed to adhere to the provisions of the SQMT Act and no Party should take any action without consultations with other standards bodies. Hence the demand for mutual recognition was addressed. The refund is still under consideration in the bilateral arrangements |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
Secretariat advised that this is an operational issue can be discussed in Customs Committee |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
The issue was considered during the bilateral meeting that took place in Kisumu. During the meeting, Both Parties agreed that no administrative measures including uplifting the customs value of products from the other Party be taken without consultations. Kenya has since reviewed the customs values downwards. The issue was hence resolved |
|
|
NTB-001-183 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2024-08-08 |
Kenya: Kenya Bureau of Standards |
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
We are experiencing unfair treatment by KEBS, Where the institution refused to recognize PERMITS Issued by UNBS.
Unfortunately, efforts to engage with border KEBS officials have not been fruitful because we didn't receive any help insisting we pay the Inspection fee. |
|
|
Resolution status note:
|
The SCTIFI noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
|
|
Products:
|
4412.94: Laminated wood as blockboard, laminboard or battenboard (excl. of bamboo, plywood consisting solely of sheets of wood <= 6 mm thick, sheets of compressed wood, inlaid wood and sheets identifiable as furniture components) |
|
|
NTB-001-215 |
7.1. Arbitrariness |
2024-10-03 |
Kenya: Traffic Police |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Arbitrary fines charged to drivers in Kenya not commensurate to the fines specified in Kenya Traffic Control Act 2015
For instance, the driver was fined 25,000 Kenyan shillings where he was supposed to pay only 10,000 Kenyan shillings (Section 53 (1) and 67). Also, Kenya Traffic Control Act (2015) prohibits someone from driving a commercial vehicle for more than a total of eight hours in any 24-hour period (section 66A). This should not apply to transit trucks since the international best practice for maximum driving time for truck drivers is between 11 and 14 hours a day.
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|
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Resolution status note:
|
Kenya informed the meeting that the driver was arrested on 12 / 09 / 2024 while driving a Motor Vehicle with Registration No. RAE 579B / RL2395 M / Benz Actros and was consequently presented before Makindu Law Court charged with the following offenses:
● Count 1: Failing to maintain parts and equipment of the M / Vehicle contrary to Section 55 (1) as read with Section 58 (1) of the Traffic Act Cap 403 Laws of Kenya without rear reflectors). The accused pleaded guilty and was fined KSHS 15,000
● Count 2: Causing obstruction, contrary to Section 53 (1) as read with Section 53 (4) of the Traffic Act Cap 403 Laws of Kenya. The accused pleaded guilty and fined KSHS 10,000 / =
Hence amounting to a total of KSHS. 25,000
The Republic of Rwanda submitted that there is need to notify counterparts in case a National of one Partner States is charged in another Partner States and Traffic offenses should be distinguished from crime. |
|
|
NTB-001-183 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2024-08-08 |
Kenya: Kenya Bureau of Standards |
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
We are experiencing unfair treatment by KEBS, Where the institution refused to recognize PERMITS Issued by UNBS.
Unfortunately, efforts to engage with border KEBS officials have not been fruitful because we didn't receive any help insisting we pay the Inspection fee. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade meeting, Partner States agreed that this was not an NTB but an operational challenge and was referred to the East African Standards Committee (EASC) for consideration. |
|
|
Products:
|
4412.94: Laminated wood as blockboard, laminboard or battenboard (excl. of bamboo, plywood consisting solely of sheets of wood <= 6 mm thick, sheets of compressed wood, inlaid wood and sheets identifiable as furniture components) |
|
|
NTB-001-216 |
6.2. Administrative fees |
2024-10-06 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Mombasa county charges: At Mombasa Port they charge county fees where they pay 700 KEShs but these fees are never communicated to the truck driver in any way. Consequently, after some months you get a message that you have parking fees arrears with fines for late payment which can reach 7,000 KEShs.
|
|
|
Resolution status note:
|
The meeting considered the matter and noted that as per the evidence provided, the charges were related to parking fees. The meeting highlighted that it is the obligation of the driver to pay for related parking fees whenever he parks in a chargeable area hence the issue is not as an NTB. |
|
|
NTB-001-183 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2024-08-08 |
Kenya: Kenya Bureau of Standards |
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
We are experiencing unfair treatment by KEBS, Where the institution refused to recognize PERMITS Issued by UNBS.
Unfortunately, efforts to engage with border KEBS officials have not been fruitful because we didn't receive any help insisting we pay the Inspection fee. |
|
|
Resolution status note:
|
During the38th RMC, the meeting agreed that this is an operational issue which was considered by the Standards Committee in April 2025. Hence the NTB is resolved |
|
|
Products:
|
4412.94: Laminated wood as blockboard, laminboard or battenboard (excl. of bamboo, plywood consisting solely of sheets of wood <= 6 mm thick, sheets of compressed wood, inlaid wood and sheets identifiable as furniture components) |
|
|
NTB-001-221 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT |
2024-10-03 |
Kenya: Lunga Lunga OSBP |
Tanzania |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Non-recognition of Standards certificate from TBS by KBS for salt transferred by Neelkant Tanzania company into Kenya, charging six thousand Kenya shillings for each shipment. The EAC Partner States are implementing a harmonised standard on salt. |
|
|
Resolution status note:
|
During the 38th RMC Kenya informed that the NTB was on lime and not salt as reported. The meeting was also informed that there are two harmonized and gazetted standards on lime, but other Partner States are still using their national standards.
Hence if a Partner State is using National Standards, retesting and inspection has to be done
The meeting requested TBS to adopt the harmonized standards EAS;73, EAS;1165;2024 or write to EAC Secretariat in case of any specific reasons for not adopting the standard for further consideration by other Partner State
Hence the NTB is resolved |
|
|
NTB-001-194 |
1.8. Import bans |
2024-08-13 |
Kenya: Ministry of Agriculture and Livestock Development, State Department for Agriculture |
Uganda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
On 13th August 2024, the Government of Kenya, through the Ministry of Agriculture and Livestock Development's State Department for Agriculture, imposed a ban on the importation of brown/table sugar into Kenya through an internal communication from the Principal Secretary. This decision was based on the significant improvements in the production of locally manufactured sugar in Kenya as quoted in the letter.
The letter though internal nal was brought to our attention.This action is in direct violation of the East African Community (EAC) Customs Union Treaty. Under Article 75 of the Treaty, the EAC establishes a free trade area for goods and services among partner states, while also outlining the application of Common External Tariffs (CET). Furthermore, Articles 76 and 104 of the Common Market Protocols emphasize the free movement of goods, people, labour, services, and capital between partner states, as well as the rights of establishment and residence, without restrictions that may hinder regional integration.
The ban, therefore, undermines the principles of regional cooperation and integration enshrined in the EAC Treaty.
There is no mention that the ban won't affect member states. |
|
|
Resolution status note:
|
During the 45th SCTIFI meeting, the Republic of Kenya reported that the communication was an internal proposal that was not implemented. There is no ban on Sugar transfers from EAC Partner States per the Public Notice of 9 September 2024 issued by the Office of the Cabinet Secretary from the Ministry of Agriculture and Livestock Development. |
|
|
NTB-001-240 |
1.1. Export subsidies |
2024-11-01 |
Kenya: Kenya Diary Board (KDB) |
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
The Government of Kenya, through the Kenya Dairy Board (KDB), has not issued export permits for Ultra-High Temperature (UHT) milk destined for Kenya since November 2024. This action constitutes a violation of the East African Community (EAC) Common Market Protocol and the Non-Tariff Barrier (NTB) Act, which is designed to facilitate the free movement of goods within the region.
The continued restriction has had severe consequences for Ugandan traders, leading to significant financial losses and, in many cases, the closure of their export businesses. This situation not only undermines regional trade commitments but also disrupts economic integration efforts within the EAC. |
|
|
Resolution status note:
|
Kenya informed the 38th RMC that:
1. Transfers of milk from Uganda to Kenya is ongoing
2. 10 million litres of milk were transferred from Uganda to Kenya between January and March 2025
3. 70 million Kgs have been transferred from Uganda to Kenya in 2024, and 67 million Litres transferred in the same period.
4. Kenya has no quotas on milk, and over 100 importers have been registered to transfer milk from Uganda to Kenya
5. Issued permits for milk if not absorbed effectively, do not allow for extension as per the regulations.
Kenya confirmed that the applications for the permits applied in November 2024 by Uganda were issued in March 2025 and provided evidence to Uganda for that matter. Hence, the NTB was resolved |
|
|
NTB-001-241 |
7.6. Lack of information on procedures (or changes thereof) |
2025-03-06 |
Kenya: Mandera |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Tanzania Revenue Authority officers do not seem to have RECTS seals, therefore, demanding for facilitation from transporters. The facilitation includes, Per diem, incidental allowance, in transit allowance and fuel for the government vehicles. |
|
|
Resolution status note:
|
The meeting noted that the complaint was administrative and should be referred to the Committee on Customs for consideration
The meeting noted that the trader did not pay the amount requested of them.
The NTB was referred to SCOC for consideration and resolution |
|
|
Products:
|
6117.90: Parts of garments or clothing accessories, knitted or crocheted, n.e.s. |
|
|
NTB-001-248 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2024-11-01 |
Kenya: Diary board |
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Delays in issuance of import permits for milk
Permits take up to 5 months with no communication |
|
|
Resolution status note:
|
The meeting noted that the NTB issue had been resolved.
Uganda requested Kenya to fast-track the issuance of milk import permits. Kenya is committed to issuing permits timely manner |
|
|
NTB-001-273 |
6.2. Administrative fees |
2024-10-05 |
Kenya: Sirari |
|
Resolved
2025-05-30 |
View |
|
Complaint:
|
Sodium cyanide convoy of 10trucks delayed due to one truck rects online exit point internal input message reading exit Taveta |
|
|
Resolution status note:
|
The meeting noted that the exporter did not pay but suffered 8 Days delay at the OSBP with trucks carrying hazardous goods. This is dangerous to the environment and the community around.
However, the issue is operational other than an NTB and should be referred to the Customs Committee for consideration
The NTB was referred to SCOC for consideration and resolution
The NTB was resolved by the COC:
The Sectoral Committee on Customs committed to strengthen inter agency communication and coordination among Partner States Customs authorities to avoid similar incidents in the future. |
|
|
NTB-000-032 |
1.7. Discriminatory or flawed government procurement policies |
2004-05-27 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that goods exported to Ethiopia should be transported through the National Shipping Lines.
Kenya has complained that Ethiopian authorities require that all exporters to Ethiopia must use national shipping lines. |
|
|
Resolution status note:
|
Ethiopian Government wrote to COMESA Secretariat on 7th January 2008 stating that they were now complying with Article 57 of the Treaty |
|
|
NTB-000-050 |
1.7. Discriminatory or flawed government procurement policies |
2004-12-23 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that transporters using the road network should use the Ethiopian transporters.
Kenya has complained that Ethiopian authorities require that all transporters must use Ethiopian transporters. |
|
|
Resolution status note:
|
Ethiopi wrote to COMESA secretariat on 7th January 2008 informing that they were complying with article 57 of the Treaty |
|
|
NTB-000-788 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Ethiopia: All Ethiopian banks. |
Egypt |
Resolved
2020-07-09 |
View |
|
Complaint:
|
Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt). |
|
|
Resolution status note:
|
On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin |
|
|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
|
Resolution status note:
|
The Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
|
Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
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