High Court Judge Peter Mulwa has dismissed a petition filed by the Kenya Bureau of Standards (KEBS) against a multinational company, asserting the court’s jurisdiction over the matter.
The petition, aimed at halting the court proceedings, was presented by KEBS on grounds of jurisdictional authority, arguing that the court lacked the competence to adjudicate the case, as stipulated in court documents.
Citing relevant legislation, KEBS contended that aggrieved parties must exhaust designated appeal mechanisms before resorting to court intervention, as outlined in the Act.
The legal dispute originated from a December 2022 incident wherein KEBS confiscated and disposed of 5,094 bales of baby diapers, valued at KES 26.6 million, prompting the multinational company to seek redress for damages, lost profits, and legal expenses.
Central to the dispute was whether the High Court possessed the requisite jurisdiction to adjudicate the matter, a contention strongly advanced by the foreign entity.
In his ruling, Judge Mulwa cited constitutional provisions granting the High Court unlimited original jurisdiction in both criminal and civil matters, thereby affirming the court’s authority to deliberate on the case.
Acknowledging the procedural irregularities in KEBS’ actions, Judge Mulwa emphasized the court’s obligation to address the matter, emphasizing the need to assess the evidence presented for a fair resolution.
KEBS, entrusted with safeguarding product quality for Kenyan consumers, has previously taken measures to eliminate substandard goods from circulation.
In light of the court’s decision, the legal proceedings between KEBS and the multinational company are set to proceed, underscoring the judiciary’s role in upholding due process and justice.
