A group of clearing and forwarding agents have sued the Kenya Bureau of Standard (Kebs) after the agency declined to clear their Sh800 million edible vegetable cooking oil imports due to low Vitamin A content.
The five companies are protesting the directive by Kebs asking them to re-ship the consignment back to the Malaysia, the country of origin, within 30 days after it allegedly failed to comply with requirement of the Vitamin A standard.
But the petitioners argue that the oil complied with the requisite standard, which is 20mg/kg-40mg/kg as set out in Technical regulation No. 62 of 2012.
“Pending the hearing of the petition the honourable court be pleased to grant conservatory orders suspending the directive by the 1st respondent contained in the letters dated August 28, 2018 and September 6, 2018 requiring the reshipment of the petitioners consignment to the country of origin within 30 days,” read one of the orders sought by the petitioners.
They further want Kebs restrained from destroying the consignment as the case goes to hearing.
The companies are Tidal Logistics, Access Africa Logistics, Dot Com Consultants and Coastal Freighters.
They have listed Kebs and the Attorney general as respondents.
They claim that as clearing and forwarding agents they have assumed ownership and custody of the consignment which they argue are rotting away at the port of Mombasa unless the court intervenes.
The firms claim the consignment was issued with certificate of conformity and issued with diamond mark of quality by Kebs in Malaysia.
However, when the consignment reached the Port of Mombasa on June 2, it was stopped from entering the country.
They argue that all the requisite conditions have been complied with and term the decision to detain the goods illegal, noting that they continue incurring port storage charges as the condition of the cooking oil deteriorates.
The firms put the storage charges at Sh190 million as at September 17, accumulating at the rate of Sh2 million daily.
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