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Kenya Bureau of Standards v. Powerex Lubricants Limited

(2018) JELR 100112 (CA)

Court of Appeal  •  Civil Appeal 143 of 2016  •  2 Mar 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Kenya Bureau of Standards (the appellant) is a statutory body established under the Standards Act, Cap 496 of the Laws of Kenya. Among its duties is the formulation, monitoring and regulation of various standards within the country.

2. On the other hand, Powerex Lubricants Limited (the respondent) is a limited liability company which is involved in the manufacture of automotive and industrial oil products from recycled oil.

3. In the course of its duties, the appellant visits factories, supermarkets and other business premises unannounced, to inspect products for conformity with the set standards. They also respond to specific complaints lodged with them and visit premises where non-compliance with the Standard Act is suspected. This is all within their mandate prescribed under Section 14 of the Standards Act.

4. On 21st October, 2015 the appellant paid an impromptu visit to the respondent‘s premises and informed the respondent’s directors that a complaint had bee…

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