Kenya Bureau of Standards v New Italycor Limited [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Law Courts, Commercial and Tax Division
Category
Civil
Judge(s)
F. Tuiyott
Judgment Date
May 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kenya Bureau of Standards v New Italycor Limited [2020] eKLR case summary, highlighting key legal principles and implications for compliance standards in Kenya.

Case Brief: Kenya Bureau of Standards v New Italycor Limited [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Bureau of Standards v. New Italycor Limited
- Case Number: HCCA NO. E 007 OF 2020
- Court: High Court of Kenya, Commercial & Tax Division, Milimani Law Courts
- Date Delivered: 27th May 2020
- Category of Law: Civil
- Judge(s): F. Tuiyott
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving three central legal issues:
1. Whether the Tribunal had jurisdiction to determine the application dated 17th October 2019.
2. Whether the Applicant's commodities failed to comply with the Kenyan standard.
3. Whether the consent agreement could be enforced against the Kenya Bureau of Standards (KBS).

3. Facts of the Case:
The case arose when New Italycor Limited imported food products (Spaghetti, Tomato Puree, and Macaroni) into Kenya in November 2018. Italycor claimed that these products were tested and certified by SGS, an accredited inspection body, prior to importation. Upon arrival, KBS refused to clear the products, asserting they did not meet Kenyan standards. Italycor appealed this decision to the Standards Tribunal, which ruled in March 2019 that KBS should retest the products. Following retesting, KBS conceded in April 2019 that the products complied with standards, and the parties submitted a written consent marking the appeal as settled. However, in May 2019, KBS rejected the products again, leading Italycor to file a new application before the Tribunal in October 2019, which KBS contested.

4. Procedural History:
The case's progression began with Italycor's appeal to the Standards Tribunal (Tribunal Appeal No. 1 of 2019) against KBS's refusal to clear the products. The Tribunal ordered a retest, which KBS later reported as compliant, leading to a consent agreement. However, KBS's subsequent rejection of the products prompted Italycor to file an application in October 2019, claiming KBS's actions violated the consent order. The Tribunal ruled in December 2019, affirming the consent and directing KBS to enforce the order, which led to KBS's appeal to the High Court.

5. Analysis:
- Rules: The relevant statute is the Standards Act (Cap 496), particularly Section 11, which allows appeals against KBS decisions within fourteen days. The Tribunal's jurisdiction and the enforceability of consent agreements were also central to the case.

- Case Law: The court referenced *Savings And Loan Kenya Limited v. Onyancha Bw’omote [2016] eKLR*, discussing the distinction between mistakes of law and fact. It emphasized that relief can be granted for both types of mistakes under equitable grounds.

- Application: The court analyzed whether the Tribunal had jurisdiction over the October 2019 application, concluding it was a continuation of the earlier appeal rather than a new one. The court found that KBS's retesting indicated compliance, and thus the consent was valid and enforceable. KBS's failure to challenge the consent in a timely manner weakened its argument regarding the mistake of fact.

6. Conclusion:
The High Court dismissed KBS's appeal, affirming the Tribunal's ruling that the consent was enforceable and that the products complied with Kenyan standards. The case underscored the importance of adhering to procedural timelines and the binding nature of consent agreements in administrative proceedings.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The court ruled in favor of New Italycor Limited, dismissing the Kenya Bureau of Standards' appeal and affirming the enforceability of the consent agreement. This decision highlighted the legal significance of consent in administrative disputes and the necessity for regulatory bodies to adhere to their own standards and procedures.

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