This report addresses the continued prevalence of mercury-added skin lightening products (SLPs) in Kenya. It specifically considers the ‘legal hooks’ available to address this challenge in the context of e-commerce, which recent research by the Centre for Environmental Justice and Development (CEJAD) suggests is a critical entry point for mercury-added SLPs in Kenya.
The report sets out the policy and legal framework governing the importation, manufacture, and export of mercury-added products, as well as the institutional framework overseeing compliance. Against this background, it highlights the absence of a specific governance framework regulating the sale of illegal or banned goods on e-commerce platforms. The report also evaluates the opportunities and challenges for effective regulation by exploring consumer protection provisions anchored in Kenya’s Competition Act.
Key Findings
- The multiplicity of laws prohibiting the import, manufacture, and trade of mercury-added products has not resulted in effective regulation.
- The absence of coordination mechanisms among at least three regulatory agencies operating under different mandates risks regulatory inefficiency.
- The rapid growth of e-commerce, particularly following the COVID-19 pandemic, presents new regulatory challenges that require tailor-made policy responses.
Recommendations
- Harmonise laws to ensure consistent standards, labelling requirements, and institutional coordination.
- Leverage Kenya’s ratification of the Minamata Convention under the coordination of the Ministry of Environment, Climate and Forestry.
- Conduct broad consumer awareness campaigns targeting the public, private sector (especially e-commerce platforms), civil society, and enforcement agencies.
- Strengthen consumer complaint mechanisms under the Competition Act and publicise successful enforcement actions.
- Encourage the Ministry of Environment and KEBS to develop regulatory guidelines for mercury-added cosmetics and other hazardous consumer products sold online.
