Summary
- Justice James Makau instead ordered the case filed by activist Okiya Omtatah to be fast-tracked because the issues raised were urgent.
- The judge directed the Kenya Bureau of Standards (Kebs) and Trade Secretary to file their responses within three days so that the application could be heard on March 9.
The High Court Monday declined to suspend the Trade ministry’s
decision to lower penalty fees imposed on goods entering Kenya without
certificate of conformity.
Justice James Makau instead
ordered the case filed by activist Okiya Omtatah to be fast-tracked
because the issues raised were urgent.
The judge
directed the Kenya Bureau of Standards (Kebs) and Trade Secretary to
file their responses within three days so that the application could be
heard on March 9.
Mr Omtatah wanted the court to
suspend the legal notice and a memo issued on December 30, lowering the
fees imposed for goods brought in without a certificate of conformity.
He argued that the decision would risk the lives of Kenyans because
unscrupulous traders would flood the country with substandard goods.
But
Kebs through lawyer Ken Melly opposed the application saying granting
the orders would be condemning the agency without hearing its side of
the story. He said the gazette notice being questioned also contained
other matters, which were not subject of the case by Mr Omtatah and
whose effect would be to impede the functions of Kebs.
“The second respondent (Kebs) has at this stage not been given
an opportunity to present its case. The effect of issuing the
conservatory order as pleaded would be to deprive it the opportunity to
be heard,” he said.
Mr Omtatah accused the CS of
arbitrarildirecting the reduction of the penalty fee from 20, then to 15
and later to five percent of the customs value of the goods arriving at
Kenyan ports of entry without certificates of conformity. He argued
that the move was a threat to the safety and health of consumers and the
environment because it might end up opening the floodgates to the
importation of substandard and unsafe products.
“The
applicant reasonably suspects that the first and second respondents’ (CS
Industry and Trade and Kebs) decision to change standards and to lower
the penalties to the detriment of the public interest in the proper
functioning of the Kebs is deliberate and designed to allow the
importation of substandard, inferior or unsafe goods into Kenya,” he
said.
Legal notice
Mr Omtatah said the
decision was not anchored in law and unless the legal notice, and the
memo is suspended, Kenya would be flooded with substandard and unsafe
products and the ports will be clogged with goods that would otherwise
be inspected by Kebs appointed verification agents in their countries of
origin.
Further, Mr Omtatah said the expression "other
applicable regulations" expands the scope of compliance beyond Kenya
Standards and approved specifications.
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