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Kenya Bureau of Standards awarded tender despite protests

Monday, August 10th, 2020 00:00 | By
Kebs boss managing director Lt-Col (rtd) Bernard Njiraini.

The Kenya Bureau of Standards (Kebs) awarded a multi-billion shillings tender to two firms for inspection of motor vehicles, despite protests they were not qualified.

The National Assembly Public Investments Committee had advised Kebs to withhold awarding of the contracts to EAA Company Limited and Auto-Terminal Japan (ATJ) until a special audit of the two firms was conducted.

Kebs, howeve, ignored the advice and went ahead to award the tender for Pre- Export Verification of Conformity of standard services without seeking the Attorney General’s recommendations.

Quality Inspection Services Japan (QISJ), was the sole contractor for the nearly Sh1.5 billion annual tender, which expires in April 2021.  

Sole agency

The report by the PIC tabled in Parliament last week, shows that 91,179 motor vehicles were imported in 2019. QISJ has been the sole inspection agency for the standards body.

The PIC, which, is chaired by Abdulswamad Nassir (Mvita) has recommended that the Public Procurement Regulatory Authority should immediately commence proceedings against M/S EAA and M/S ATJ for violating the PPAD Act, 2015 for forging documents while tendering for the tenders. 

“Cabinet Secretary for the National Treasury should expeditiously develop and gazette debarment regulations within 60 days of adoption of this report,” the committee, which  further recommended that Kebs boss managing director Lt-Col (rtd) Bernard Njiraini, be held personally responsible for failing to seek legal opinion from the AG. 

“Njiraini should be held responsible for ignoring the PIC’s advisory to seek and follow the AG’s legal opinion before awarding the tender,” the report.

According to the PIC report, Kebs’ lawyers, Iseme Kamau and Maema Advocates, had concurred with the AG and advised the management to stop, as it would expose Kebs to huge costs.

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