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Kebs vehicle inspection deal case starts today

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Imported used cars in a yard. FILE PHOTO | NMG

The High Court has certified as urgent a petition challenging Kenya Bureau of Standards’ (Kebs) move to contract agents to inspect used motor vehicles, mobile equipment and spare parts.

Justice Weldon Korir marked the case for an expeditate hearing following a petition by activist Okiya Omtatah, who argued that the decision was a violation of the law.

Documents filed in court showed that Kebs placed a public notice on Friday, announcing that it had contracted two additional agents, M/s EAA Company Limited and Auto-Terminal Japan Company (ATJ).

The two companies will inspect the items in Japan, United Arab Emirates (UAE), United Kingdom (UK), Thailand, Singapore and South Africa, for a period of 12 months with effect from March 27.

But Mr Omtatah rushed to court arguing that the two contracts had been issued over and above a valid contract awarded to Quality Inspection Services.

He said that the contracts are not addenda to vary or amend the existing contract, yet should follow a fresh procurement process, which introduces new players into the market.

“Whereas Section 139 of the Public Procurement and Assets Disposal Act guides on variation of contracts, it does not anticipate the floating of a new tender to amend existing contracts,” he said in the application.

Justice Korir directed him to serve Kebs, Cabinet Secretary for Trade and Industry and the Attorney- General with the court papers, ahead of the hearing today.

The case will be heard through video conferencing.

“Unless the contracts are suspended or interdicted by this court, the development will render academic the instant petition and the pending application, yet the pleadings were filed long before the 1st Respondent evaluated the bids, and made and signed the impugned contracts with the successful evaluated bidders,” he said.