OMTATAH CHALLENGES KEBS MOVE TO CONTRACT ADDITIONAL AGENTS TO INSPECT MOTOR VEHICLES.

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BY SAM ALFAN.

High Court has been urged to suspend the decision by the Kenya Bureau of Standards to contract two additional agents to inspect used motor vehicles.

In a petition filed in court, activist Okiyah Omtatah wants court to issue interim orders suspending KEBS’ decision to contract M/s EAA Company limited and Auto-Terminal Japan Company (ATJ) to inspect used motor vehicles.

 The two companies will also inspect mobile equipment and used spare parts in Japan, United Emirates (UAE) ,United Kingdom (UK), Thailand, Singapore and South Africa for a period of 12 months with effect from March 27, 2020. The announcement was made by KEBS through a public notice.

Omtatah wants the court to issue interim orders prohibiting KEBS and Trade Cabinet Secretary from contracting the two additional agents.

He argue that unless the contracts are suspended or interdicted by the court, the development will render the petition a mere academic.

He said the two contracts are void since they violate section 139 of the Public Procurement and Asset Disposal Act, 2015 (PPADA), which guides on the contract variation and the two contracts have been issued cover and above the still valid contract awarded to Quality inspection Services (QISJ).

“The contracts are not addenda to vary or amend the QISJ contract, the contracts follow a fresh procurement process that introduces new players into the market and whereas section 139 of the PPADA guides on violation of contracts, it does not anticipate the floating of a new tender to amend existing contract,” added Omtatah.

He adds that if the court fail to suspend the said decision immediately, the rule of law and constitution will be undermined.

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