Court allows KEBS to proceed with pre-export inspection tender

The Kenya Bureau of Standards (KEBS) has received the green light to continue with a contested pre-export inspection tender after the Court of Appeal ruled that a legal challenge by a local firm was filed out of time.

Precision Experts Ltd had sought to stop the tender process, arguing that the requirements were unfair to citizen contractors.

However, Justices Gatembu Kairu, Jamila Mohammed, and Aggrey Muchelule upheld earlier rulings that the appeal was filed one day late.

They said the law clearly outlines deadlines for each step in procurement-related disputes, and missing them renders a case invalid.

"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," the judge said.

The case started when Precision Experts opposed the KEBS tender, saying some conditions discriminated against local firms.

It claimed the requirements were excessive and placed an unfair financial burden on local contractors, while international firms were allowed more time to comply after securing the tender.

The Public Procurement Administrative Review Board rejected the complaint in March. The company then went to the High Court, which also dismissed the matter on April 11.

Precision Experts later obtained temporary orders from the Court of Appeal, halting the process.

KEBS and Japan’s Quality Inspection Services Inc., who are part of the process, said the tender was already far along.

Bids for the 2025–2028 contract had been invited in January and out of 19 bidders, only one was local.

The tender relates to Pre-Export Verification of Conformity services, which ensure that goods meet quality standards before they are shipped into the country.

The firm said it had met the 14-day requirement for filing and asked the appellate court to clarify how deadlines should be handled when decisions fall on weekends or holidays.