Court clears KEBS to proceed with inspection tender

The Kenya Bureau of Standards (KEBS) is now free to proceed with a multi-billion shilling pre-export inspection tender after the Court of Appeal dismissed a case challenging the process.

A three-judge bench of Justices Gatembu Kairu, Jamila Mohammed and Aggrey Muchelule ruled that the appeal by Precision Experts Ltd was filed late, falling outside the legal timelines required in procurement disputes.

“For those reasons, we find that the learned judge was right in finding that the appellant’s chamber summons dated April 4, 2025, seeking leave to apply for orders of certiorari to quash the decision and the proceedings of the first respondent (the board) was time-barred. The decision to strike it out was sound in law and cannot be faulted,” said the judges.

Precision Experts had accused KEBS of using discriminatory requirements in the tender documents, which it said placed an unreasonable burden on local contractors in violation of the Public Procurement and Asset Disposal Act, 2015.

But the Public Procurement Administrative Review Board dismissed the complaint in March, prompting the firm to move to the High Court. The petition was thrown out on April 11 by Justice John Chigiti, who ruled that it had been filed late. The firm then sought temporary orders from the Court of Appeal, which stopped the tender process.

The judges explained that under procurement law, those aggrieved by the board’s decision must file court cases within 14 days. They noted that timelines for hearing such matters are clearly laid out and must be followed strictly.

KEBS had invited bids for inspection services for the years 2025–2028. The tender, which attracted 19 bidders—18 of them international—aims to ensure goods are verified in their countries of origin before entering Kenya. The process was underway when Precision Experts went to court to stop it.

KEBS and Quality Inspection Services Inc. Japan opposed the case, arguing that the process was already at an advanced stage. The local firm had also argued that while foreign companies had time to meet compliance requirements after the award, citizen contractors had to comply before the tender was granted, which led to upfront costs.

The company insisted it filed the petition within the 14-day period, but also asked the court to clarify how timelines should be calculated when decisions are made outside normal working hours or days.

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