BY SAM ALFAN.
Kenya Bureau of Standards Managing Director Bernard Njiraini has been sued for his decision to award a tender to two firms despite protest challenging the move to do so.
In a petition filed in court by Okiyah Omtatah ,he seeks an order to suspend KEBS MD decision to award EAA company Limited and Auto-Terminal Japan Company tender No. KEBS/T010/2019-2020 for enlargement of international tender for provision of pro-export verification of conformity (PvoC) to standards services for used motor vehicles, mobile equipment and spare parts.
“This court is enjoined to stand up to this lawlessness and cascading corruption in the affairs of the KEBS and KEBS MD Bernard Njiraini by suspending and later quashing the contracts”, says Omtatah.
He adds that the matter is extremely urgent given that the ultra vires actions by the KEBS and KEBS MD Bernard Njiraini have taken effect and need to be interdicted and reversed to protect the public interest in the rule of law and constitutionalism in the affairs of the public body.
Omtatah says he oppose the impunity displayed in the unlawful exercise of power by KEBS MD Bernard Njiraini and KEBS in the award of contracts to the two companies.
The activist adds that the contracts were awarded in defiance of express directives or orders not to do so from from competent authorities, including the National Assembly’s public investments committee (PIC) and auditor general.
According to Attorney general’s letter to the MD of KEBS dated March 26,2020 , ref: AG/CONF/2/C/78 VOL.1(75) on March 16,2020 , the KEBS notified the EAA company limited and Auto-Terminal Japan company limited that they had won the tender.
In his court papers, the activist says that in the letter, the AG stated that letter Ref: KEBS/TO10/2019-2021 dated March 16,2020 from KEBS to EAA company limited informing the company that it had been awarded the contract to inspect used motor vehicles, mobile equipment and spare parts imported into Kenya from Japan, Thailand, UAE , United Kingdom, Singapore and south for a period of three years.
Another letter dated the same dates informed Auto Terminal Japan Ltd that it was awarded the contract to inspect used motor vehicles, mobile equipment and spare parts imported into Kenya from Japan, Thailand, UAE, United Kingdom, Singapore and south Africa for a period of one year.
The contracts were signed on March 21,2020 only four days after the two companies were notified on March 16,2020 contrary to section 135(3) of the public procurement and assets disposal Act,2015 which requires that a period of 14 days must elapse between notification and the signing of contracts.
He added that in further breach of statutory period of 14 days under section 135(3) of the PPADA, the contracts commenced on March 19,2020 which was only three days after the notification on March 16.
Omtatah further claim that, the impugned contracts were awarded in contemptuous disregard of the findings of the auditor general in its official special report in the procurement if pre-export verification of conformity, (PVIC)/to standard services for used motor vehicles, mobile equipment and used spare parts by KEBS.
The special report recommended the debarment of M/s EAA company and Auto-Terminal Japan Ltd, and the two companies which has been awarded the contract.
According to the court documents, the Auditor General accused the two firms of providing forged and falsified documents and misrepresenting themselves in a bid to win an earlier lucrative tender that was later won by others.
The auditor general’s special audit report on the procurement of pre-export verification of conformity (PVOT) to standard services used motor vehicles, mobile equipment and used spare parts by the Kenya Bureau of services (KEBS) , is now a subject of ongoing investigations by the National Assembly’s Public Investments committee (PIC).
