In a constitutional petition filed under urgency, Dennis Nthumbi, Dennis Owuor Ochanda, and Henry Barasa Tom are asking the court to declare the existing halal certification regime unlawful unless it is expressly anchored in statute.
The petitioners contend that halal certification largely administered by private entities has become deeply embedded in Kenya’s meat supply chain, from slaughterhouses to supermarkets, effectively shaping market access and participation in trade.
They argue that the widespread use of halal marks raises key consumer protection concerns, including access to information, pricing transparency, and the right to fair administrative action.
According to the petition, many consumers remain unaware of what the certification entails or whether its associated costs are ultimately passed on to them through product pricing.
The trio further asserts that meat inspection and public health oversight are statutory mandates that should remain exclusively under government agencies.
They warn that the growing influence of private certification bodies risks blurring regulatory responsibilities and weakening accountability within the sector.
As part of their application, the petitioners are seeking conservatory orders to restrain relevant authorities and regulators from enforcing or permitting any certification on meat products that is not grounded in written law.
They are also asking the court to compel state agencies to disclose the legal basis, applicable standards, and cost implications of halal certification within Kenya’s meat industry.
While emphasizing that they do not oppose religious dietary practices, the petitioners maintain that the case is centered on ensuring legality, transparency, and proper regulation in the use of certification marks in the food sector.
