Polucon appeals to PPOA over inspection

The decision by the Kenya Bureau of Standards (KEBS) to award a multi-billion-shilling pre-export inspection tender to four foreign companies has been mired in controversy after a Kenyan company moved to the Public Procurement Oversight Authority (PPOA) alleging discrimination.

However, the hearing of the appeal that was supposed to open on Friday was postponed to Wednesday after Polucon Services, the complainant, asked for more time to allow COTECNA Inspection from Switzerland to prepare to be enjoined in the case.

Polucon, the only local company that bid for the now-disputed tender, had subcontracted COTECNA to cover for regions where it did not have physical presence while applying for the Pre-Export Verification Conformity to standards (PVOC) when it was announced in October last year.

Seeking an adjournment of the hearing Polucon through their lawyer Maina Karanja argued that more time was needed to prepare since the number of interested parties in the appeal had increased.

“If this appeal proceeds the way it is, it will be unfair to the new parties seeking to be adjoined in this case as they are yet to put their documents in order,” he said.

The hearing was also adjourned after a third company, TUV Rheinland, sought to be enjoined in the appeal. The Saudi Arabian company was among the three that lost the tender when it was announced last December 16.

Bureau Veritas from France, China Certification and Inspection Group, Intertek International from the United Kingdom, and Société Générale de Surveillance from Switzerland won the three-year contract effective January 18, 2015.

To ensure all the products Kenya imports comply with the approved KEBs standards before shipment the government is insisting they undergo verification at the country of supply and a Certificate of Conformity (COC) is given by any of the four companies awarded the tender that is available in these countries.

The verification companies then earn a commission for every product they test before shipment. These include all food, textiles, chemicals, building and construction materials, mechanical and electrical products.