KBHC seeks to be enjoined in case challenging halal certification in Kenya
The lead petitioner, Bishop Dennis Nthumbi, is the Africa Director of the Israel Allies Foundation, an organisation advocating for the promotion of Zionism among Christians.
The Kenya Bureau of Halal Certification (KBHC) has applied to be enjoined in a court case challenging the application of halal certification in Kenya.
The petition, filed in the Constitutional and Human Rights Division of the High Court, seeks to halt the practice of halal certification, which forms part of the Shariah-compliant ecosystem and is widely recognized and practiced globally.
The case was filed under a certificate of urgency by three petitioners — Bishop Dennis Nthumbi, Dennis Owuor Ochanda, and Henry Barasa Tom — who argue that halal certification has evolved into a system that influences market access, affects supply chains, imposes economic costs on consumers, and threatens the equal rights of non-Muslims.
The lead petitioner, Bishop Dennis Nthumbi, is the Africa Director of the Israel Allies Foundation, an organisation advocating for the promotion of the Zionism ideology among Christians.
In its application, KBHC, one of Africa's notable halal certification agencies, says it has been adversely mentioned in the proceedings and should therefore be allowed to participate in the case in the interest of justice.
The certification body argues that Muslims have a constitutional right to know which food and consumer products are prepared in accordance with their religious beliefs. According to KBHC, halal certification supports the exercise of religious freedom as guaranteed under the Constitution.
“Muslims have a right to know which foods are prepared in accordance with their faith, just as Jews are entitled to know which foods are kosher. This is consistent with the provisions of Article 46 (consumer rights) as read together with Article 32(2) [right to manifest religion] of the Constitution of Kenya, 2010,” the application states.
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According to KBHC Chief Executive Officer Fauz Qureshi, the organization was established to ensure that Muslims consume products that comply with Islamic dietary standards. He argues that verifying compliance with Islamic (Shariah) requirements is therefore of paramount importance.
The petitioners, however, contend that halal certification is “private in origin and religious in character” and has become embedded across mainstream food, meat, and procurement sectors in a manner they claim is inconsistent with the legal framework governing food regulation, meat processing, and public health.
In the petition, which has been certified as urgent, they further argue that halal certification creates barriers to trade and stifles business growth.
“The economic impact is that it is acting as a barrier to entry, especially for SMEs in food processing, hospitality and cosmetics, considering that 80 percent of businesses in Kenya are informal or SME-driven,” the petition states.
The petitioners also claim that halal certification amounts to religious discrimination against non-Muslim businesses, arguing that Christian-owned enterprises and businesses run by adherents of other faiths are effectively compelled to obtain halal certification to access mainstream markets.
Notably, the petition does not address kosher certification, which verifies that food products, ingredients, and manufacturing processes comply with Jewish dietary laws. In Kenya, kosher certification is offered through organizations including Kosher Kenya, the Nairobi Hebrew Congregation (Nairobi Synagogue), and Factocert.
The respondents named in the case include the Attorney General; the Cabinet Secretaries for Agriculture and Health; the Director of Veterinary Services; the Chief Executive Officer of the Kenya Bureau of Standards; the Director-General of the Competition Authority of Kenya; the Commissioner-General of the Kenya Revenue Authority; Nairobi City County Government; and the Council of Governors.
