Kebs stamps firm moves to stop fraud suit

Directors of a company that was awarded the tender to deliver Kenya Bureau of Standards (Kebs) quality marks are seeking to stop their prosecution over corruption.

Through lawyer Emmanuel Wetang’ula, the eight managers and the firm, Madras Security Printers Private Ltd (MSPP), moved to the High Court arguing they are aggrieved with the charges levelled against them.

“The contract which forms the basis of the criminal charges has never been set aside or challenged in any way by any of the contracting parties. It is for all-purpose a valid contract whose legality or validity has not been contested in any court of law,” said Mr Wetang’ula in court papers.

The managers are Prathap Singh, Arul Prathan Singh, Sam Prasad, Asir Prathan Singh, Suseela Rajah, Ponmani Prasad, Ramachadran Nataarajan and Rajah Sunder Singh.

They argue that Kebs published an open international tender in the local dailies on January 21, 2015, and it was based on this that they presented their bid. There were four other bidders, but MSPP won the tender. The Kebs and MSPP signed the contract dated May 22, 2015.

But Director of Public Prosecutions Noordin Haji wants the directors to be charged with importation of unfit standardisation marks. Some senior Kebs officials have been charged in court with the offence

The case will be heard on August 15.

But the process was challenged before the Public Procurement Administrative Review Board , where a determination was delivered on April 14, 2015, directing the agency to re-evaluate tender. The Kebs complied with the directive.

The re-evaluation of the tender was also the subject of another appeal before the board that dismissed it and issued a directive allowing the Kebs to proceed and complete the procurement process, including the signing of the contract with the successful bidder, MSPP.

According to the DPP, the Sh800 million marks the MSPP supplied to the Kebs, were found to be prone to photocopying, scanning and misuse, defeating the purpose of its procurement.

Under the contract, the company was expected to supply marks with high-quality security features traceable to the Kebs database.

This was meant to protect the local industry from counterfeit goods and create a fair business environment.