Kenya’s Consumers Federation (COFEK) has taken Weetabix and Brookside to court over a “KNDI Endorsed” seal on their packaging. The case, filed on August 3, 2026, alleges that the Kenya Nutritionists and Dieticians Institute (KNDI) overstepped its authority by endorsing products. COFEK, Kenya’s apex consumer body, filed Constitutional Petition HCCHRPET/E518/2026, also naming the Ministry of Health and KEBS as parties. COFEK’s argument is straightforward: KNDI is a professional regulator established under the Nutritionists and Dieticians Act to train, register, license and discipline nutrition professionals – not a food-labelling or product-certification authority.
KNDI, a professional regulator, allegedly collected fees from manufacturers for this seal. COFEK claims the seal misleads consumers, resembling the official quality mark of the Kenya Bureau of Standards (KEBS). The petition highlights that the “KNDI Endorsed” seal lacks any legal basis, such as an Act of Parliament or gazette notice, and that KNDI has been collecting fees from manufacturers like Weetabix since March 2023, while ignoring competitors’ products without the seal.
Timeline of Events
COFEK wrote to Health CS Aden Duale on July 15, 2026, demanding an audit of products with the seal. They then asked Weetabix to withdraw the seal and disclose payments on July 21. On July 22, Duale responded, ordering KNDI’s CEO to justify the seal’s legal basis within seven days. After Weetabix’s lawyers rejected COFEK’s demand on July 30, COFEK filed the case. The court admitted it for an urgent hearing, with a mention set for September 24, 2026.
What COFEK Wants
COFEK seeks 13 legal declarations, including:
- A ruling that the endorsement scheme is unconstitutional and ultra vires.
- An order of certiorari to quash the scheme.
- An injunction barring KNDI from issuing further endorsements.
- A ban on Weetabix and Brookside using the seal.
They also want a government-wide review of product endorsement rules and an audit of KNDI’s finances, noting the CEO’s nearly two-decade tenure, which exceeds the four-year renewable term. COFEK has specifically requested the Auditor-General to examine KNDI’s financial records.
Broader Implications
This case highlights a recurring issue in Kenyan regulatory governance: statutory bodies potentially monetizing activities outside their mandate, leading to higher consumer prices. Comparatively, the United States requires endorsements to be truthful, substantiated, and not misleading under the FTC Act. The European Union bans unauthorized approval claims under the Unfair Commercial Practices Directive and restricts nutrition claims to those listed in Regulation 1924/2006. The UK and South Africa have direct enforcement powers, allowing faster remedies than Kenya’s constitutional litigation route. South Africa’s Consumer Protection Act (2008), for instance, empowers the National Consumer Commission to act without a full court petition. Kenya’s Consumer Protection Act lacks such dedicated enforcement mechanisms, leading to this constitutional petition.
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