Court stops arrest of Kebs boss in tender probe

Kenya Bureau of Standards (Kebs) managing director Bernard Njiraini has secured a sigh of relief after the High Court temporary stopped his arrest and prosecution over the irregular award of a multi-billion shilling international tender.

The tender relates to pre-inspection and pre-verification of motor vehicles at their countries of origin before importation to Kenya.

Parliamentary Public Investments Committee (PIC) had recommended that Mr Njiraini be held liable for litigation that may arise due to the irregularities that saw Kebs award the tender to two blacklisted Japanese companies.

The tender known as ‘ Pre-Export Verification of Conformity to Standard Services for used motor vehicles, mobile equipment and used spare parts’, was awarded to EAA Company Ltd and Auto Terminal Japan.

The parliamentary team found that the two companies provided Kebs with fake documents to win the Sh2.7 billion tender.

PIC, in a report that was adopted by Parliament on October 13, 2020, asked the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) to investigate the circumstances under which Kebs entered into a contract with the blacklisted firms.

However, Mr Njiraini rushed to court with a petition and has obtained an order suspending any implementation of the PIC recommendations made in the PIC report, in so far as they seek to hold him personally liable under the civil or criminal law of Kenya.

Justice Pauline Nyamweya issued the order after Mr Njiraini complained that the Director of Public Prosecutions, EACC and DCI were set to implement the parliamentary committee’s report within 60 days from October 13, 2020.

He said the implementation would defeat his rights.

Others set to implement the report include the Cabinet Secretary for Trade and Industrialization and the Public Procurement Regulatory Authority.