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.
