Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-03-26 14:16:32
High Court Judge Peter Mulwa recently dismissed a petition filed by the Kenya Bureau of Standards (KEBS) in a court case against a multinational company. The petition was filed by KEBS to stop the court from hearing and determining the case, arguing that the court did not have jurisdiction over the matter.
According to the court documents, KEBS contended that any aggrieved party should appeal to the Tribunal within 14 days of receiving notification of the act complained of, as per the Act. Since the company failed to exhaust the mechanisms provided to address such matters, KEBS asked the court to dismiss the case.
In the court case, the multinational company sought compensation of Ksh26.6 million for the 5,094 bales of baby diapers that KEBS seized and destroyed in December 2022. The company also claimed damages, loss of profit, and the cost of the suit, alleging that KEBS had carried out the destruction without following due process.
The company’s argument revolved around whether the High Court had the jurisdiction to hear the matter, with the foreign company supporting this stance. Justice Mulwa, after hearing arguments from both parties, emphasized that the High Court had unlimited original jurisdiction in criminal and civil matters as per Article 165 (3) and (6) of the Constitution.
The judge noted that the company was seeking payment of special and general damages for loss of business due to KEBS’ improper destruction of the goods. He ruled that the actions of KEBS, acting contrary to the laid-down procedure, necessitated the High Court’s intervention to address the matter fairly.
Judge Mulwa underscored the importance of the court exercising its discretion and thoroughly evaluating the facts and evidence before making a just determination. KEBS, responsible for ensuring the quality of products sold in Kenya, has a history of destroying substandard goods to protect consumers.
In conclusion, the court’s decision to dismiss KEBS’ petition signifies the importance of adhering to proper procedures and ensuring justice is served in cases involving regulatory authorities and private entities. The ruling reaffirms the High Court’s role in upholding the rule of law and ensuring accountability in matters of public interest.
Read the original article on Kenyans.co.ke
