Kebs boss wins court reprieve over Sh2.7bn tender probe

Kenya Bureau of Standards (Kebs) managing director Bernard Njiraini has secured another sigh of relief after the High Court extended orders blocking the implementation of a parliamentary report that found him culpable of procurement irregularities.

Justice Anthony Ndung’u reviewed Tuesday the orders issued on October 17, 2020, following an application Mr Njiraini filed concerning an 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 exportation to Kenya. The Public Investments Committee (PIC) had recommended that Mr Njiraini be held liable for irregularities cited in the procurement process.

The PIC also wanted Mr Njiraini to be held liable for litigation that may arise due to the procurement irregularities that saw Kebs award the tender to two blacklisted Japanese firms.

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

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

However, Justice Ndung’u said the temporary order would remain in force pending hearing and determination of case the Kebs boss filed.

The judge also admitted some of Mr Njiraini’s documents even though they were filed out of time. Justice Ndung’u directed him to furnish the National Assembly and the Clerk of the National Assembly with the court papers within 14 days.

He will also serve the interested parties, among them, the Trade Cabinet secretary.

The case will be mentioned on December 8.