Respite for Kebs boss Bernard Njiraini in procurement scandal

Kenya Bureau of Standards (Kebs) Managing Director Bernard Njiraini has secured another respite after the High Court extended orders blocking implementation of a parliamentary report that found him culpable of procurement irregularities.

Justice Anthony Ndung'u yesterday reviewed the orders issued on October 17, 2020, following an application by Mr Njiraini in relation to irregular award of a multi-billion-shilling international tender.

The tender relates to pre-inspection and pre-verification of motor vehicles in their countries of origin before importation to Kenya.

The parliamentary Public Investments Committee (PIC) had recommended that Mr Njiraini be held liable for the mess that occurred during procurement of the tender.

The parliamentary team had also recommended that Mr Njiraini be held liable for litigation that may arise due to the procurement irregularities that saw Kebs award the tender to two blacklisted Japanese companies.

The tender known as ‘Pre-export verification of conformity to standard services for used motor vehicles, mobile equipment and used spare parts’, was awarded to EAA Company Ltd and Auto Terminal Japan.

The committee found that the two companies provided Kebs with fake documents to win the Sh2.7 billion tender.

PIC, in a report that was adopted by Parliament on October 13, 2020, asked the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) to investigate the circumstances under which Kebs entered into a contract with the blacklisted firms.

However, Justice Ndung'u said the temporary order will remain in force pending hearing and determination of a case filed by Mr Njiraini.

The order suspends any implementation of the recommendations made in the PIC report, in so far as they seek to hold him personally liable under the civil or criminal law of Kenya.

The judge directed Mr Njiraini to furnish the National Assembly and the Clerk of the National Assembly with the court papers within 14 days so that they can put in their responses.

He will also serve the interested parties, among them the Cabinet secretary, Ministry of Industrialisation, Trade and Enterprise Development; Office of Director of Public Prosecutions (ODPP); and the DCI.

Others to be served are the EACC and Public Procurement Regulatory Authority (PPRA). The case will be mentioned on December 8 to confirm compliance with service of court documents.

Mr Njiraini argues that the implementation of the parliamentary report will defeat his rights, because he is facing imminent threat of being dragged into court to bear criminal liability over a tender already cleared by the Public Procurement Administrative Review Board (PPARB).

He also says that the arrest is based on non-binding advice of the PIC regarding the tender.

According to Mr Njiraini, the recommendation was made informally before the conclusion of the PIC hearings, before the compilation of the PIC report and before its adoption.

The DPP and the DCI want the temporary orders lifted so that they can execute their constitutional duties and functions independently.

It is their holding that the orders sought by the Kebs boss are unconstitutional because they seek to stop the state agencies from exercising their respective mandates.