A Chinese firm has sued the Kenya Bureau of Standards (Kebs) for terminating a six-month contract extension amid plans for fresh procurement of the lucrative tender for inspection of imported goods, including motor vehicles.
World Standardisation Certification and Testing Group (Shenzhen) Co. Ltd took Kebs to court, arguing that the termination notice was suspect since the Pre-export Verification of Conformity (PVoC) tender process had reached a crucial stage.
The firm claimed that the timing of the termination notice coincided with pending due diligence, revealing a clear plan by Kebs.
“Unless restrained, the respondent intends to utilise the termination notice to make an adverse finding against the applicant with respect to the prequalified tender no. KEBS/PRE-Q/T006/2025/2028 for the period 2025-2028. The respondent’s intended illegal action is imminent,” said the firm in court documents.
High Court judge Aleem Visram directed the Chinese company to serve Kebs with the court documents and return for further directions on November 10, 2025.
The firm said that it had signed a three-year PVoC contract with Kebs on May 9, 2022.
On May 7, 2025, Kebs extended the contract by six months to November 8, 2025 amid procurement disputes which has delayed the award of a substantive contract.
The company said that it had participated in the tender to provide the services for the 2025 to 2028 financial years and had been prequalified, pending due diligence.
According to the firm, it complied with all requirements, including a visit by Kebs tender evaluation committee to its facilities in China in August, which culminated in successful due diligence.
“Notwithstanding the ongoing contract and the progress in the new tender process, Kebs issued a termination notice on September 10, without following the requisite contractual terms and statutory procedural requirements,” said the firm.
The Chinese firm wants the court to issue an order, barring Kebs from using the termination notice to prejudice or influence or interfere with its participation in the tender.
In an affidavit, Harold Amaya Munala, acting for the Chinese firm, said that Kebs intends to use the termination notice to make an adverse finding against the company.
He said the termination was procedurally defective as it was instigated directly by the user department and not the accounting officer, thus bypassing the head of procurement.
Mr Munala said that the firm has heavily invested in the performance of the contract over the last three years in terms of equipment, land and laboratories, as well as training personnel.
Turkish firm suit
Meanwhile, on Friday, the Court of Appeal dismissed an appeal by a Turkish firm, which had challenged the ongoing Kebs tender process.
Turkish firm TUV Austria Turk had rushed to the appellate court, seeking orders to stop Kebs from awarding the tender to Quality Inspection Services Inc. Japan (QISJ), pending the determination of its appeal.
But Justices Wanjiru Karanja, Kathurima M’Inoti and Weldon Korir dismissed the appeal as the case was filed out of time.
The judges said the proceedings on the procurement process must adhere to strict timeliness.
“It follows, therefore, that the appellant’s appeal having been filed outside the statutory period, the court is bereft of the requisite jurisdiction to render a judgment on merit on the issues raised by the parties,” said the judges.
