By NATION CORRESPONDENT
Posted Wednesday, April 20 2011 at 20:40
Posted Wednesday, April 20 2011 at 20:40
Suspended Industrialisation minister Henry Kosgey ordered that applications for waivers on importation of vehicles older than eight years be brought to him directly without going through the National Standards Council.
Mr Kosgey made the decision because the council, which had powers under the law to advise him on the matter, was taking too long to do so.
In addition, the council did not provide documents and the criteria to guide the minister in granting the waivers, a witness told a court Wednesday.
Mrs Elymeryta Agatha Khaoya, a former senior secretary in the ministry of Industrialisation said in some circumstances, waivers did not require council advice depending on the nature of the request for exemption.
As the person mandated to draft letters seeking waivers of the importation rule, Mrs Khaoya said she did not receive any application or advice from the Kenya Bureau of Standards (KEBS) directed to the minister.
Under section 7 of the standards act, the National Standards Council has the powers to advice the minister on matters concerning waivers. It also allows the minister to give advice to the council on matters of exempting importation of vehicles from the eight year old law.
Memo to PS
Mrs Khaoya said she wrote a memo to the Permanent Secretary to remind him of the guidelines because she felt the PS was not aware of the existing rules on waivers.
She was testifying in a case in which Mr Kosgey is charged with 11 counts of abuse of office.
Mr Kosgey is accused of using his office to improperly confer a benefit to various individuals and companies by exempting a total of 113 vehicles from the application of Kenya Standards Code of Practice for road vehicles.
The code outlaws the importation of vehicles which are over eight years old except those of government interest, diplomats and returning citizens.
Another witness, Mr Josephat Kalo, who is the assistant director in charge of legal affairs at KEBS testified that the council only started to advice the minister in October 16, 2010 after a committee set up to look into the complaints on waivers drafted a policy on guidelines to be followed.
The meeting held in September 2010 resolved that exemptions be handled administratively by the minister after realizing that waivers were being granted without involving the council.
The meeting also resolved to form a waiver evaluation committee to draft a policy to guide the council and the minister on waiver application.
The case was adjourned to June 7, 8 and 10.
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