Kenya Bureau of Standards wants the High Court to dismiss a petition filed by activist Okiya Omtatah challenging the destination inspection fees.
In reply, the agency through Mr Bernard Nguyo, the director of quality assurance and inspection, said Mr Omtatah misapprehended facts about the pre-export verification of conformity (PVoC) and believing that the destination inspection fee is a penalty.
Mr Nguyo said PVoC is a programme started in September 2005 and part of the fulfilment of provisions of Article 5 of the World Trade Organisation technical barriers to trade agreement.
Under the agreement, all imported goods are required to undergo certification in the country of origin before shipment and inspection is to be done on arrival of the goods with payment of applicable destination inspection fees. The aim, he said, is to ensure that all imports meet the prescribed requirements.
The agency said the claim that lowering of the destination inspection fees will lead to substandard goods entering the market is false and misleading.
Mr Nguyo said Mr Omtatah has not presented evidence to suggest that the reduction of the fees in compliance with WTO agreements will endanger the health, safety and environment.
“On the contrary, it will promote trade in the country with importation of goods reducing obstacles and other unnecessary technical barriers that have hindered the importation of goods in the country,” he said in a sworn affidavit.
The Kebs director said the fee has also addressed the delays experienced by traders who intend to import goods since there is a backlog in the inspection of goods being done by Kebs agents, stationed at the ports of exit.
The agency opposed an order sought by Mr Omtatah, suspending the legal framework in place, stating that it will destabilise and disrupt Kebs legal mandate.
In the case, Mr Omtatah accused the CS Industry and Trade of directing the reduction of the penalty fee from 20, then to 15 and later to five percent on the customs value of the goods arriving at Kenyan ports of entry without certificates of conformity.
