[2022] KEST 1093 (KLR)
The tribunal determined that its jurisdiction is strictly limited by the Standards Act, Cap 496, to appeals concerning cancellation and suspension of permits, standards levy orders, decisions or directions of the Standards Council, and destruction of goods. The revocation of the appellant's membership to the...
Source-derived case information.
- Citation
- [2022] KEST 1093 (KLR)
- Parties
- Appellant: Toluwalase Amondi; Respondent: Kenya Bureau Of Standards (Managing Director/CEO); Respondent: National Standards Council
- Court
- Standards Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Appeal 1 of 2021
- Procedural Posture
- Tribunal Appeal / Ruling on Preliminary Objection
- Outcome
- appeal dismissed for want of jurisdiction
- Judges
- GM Mburu, MS Makhandia, P Mungai
- Legal Topics
- Jurisdiction of Tribunal, Standards Act Scope, Appointment and Revocation, Technical Committee Membership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Toluwalase Amondi
Appellant
Kenya Bureau Of Standards (Managing Director/CEO)
Respondent
National Standards Council
Respondent
Procedural Posture
Tribunal Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Does the Standards Tribunal have jurisdiction to hear and determine disputes regarding revocation of membership to a technical committee based on withdrawal of nomination by a third-party entity?
- 2 Does the revocation of the appellant's membership fall within the matters specified under section 11 of the Standards Act, Cap 496?
Ratio Decidendi
The tribunal determined that its jurisdiction is strictly limited by the Standards Act, Cap 496, to appeals concerning cancellation and suspension of permits, standards levy orders, decisions or directions of the Standards Council, and destruction of goods. The revocation of the appellant's membership to the technical committee was a consequence of ISACA Kenya's withdrawal of nomination, a decision over which the tribunal has no jurisdiction. The tribunal found that the dispute did not fall within any of the categories specified in section 11 of the Standards Act. Therefore, the tribunal lacked jurisdiction to entertain the appeal and dismissed the matter accordingly.
Court Disposition
appeal dismissed for want of jurisdiction
Orders
- The appeal is dismissed for lack of jurisdiction.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
32 paragraphs
Amondi v Kenya Bureau of Standards (Managing Director/CEO) & another (Tribunal Appeal 1 of 2021) [2022] KEST 1093 (KLR) (25 November 2022) (Ruling)
Neutral citation: [2022] KEST 1093 (KLR)
Republic of Kenya
In the Standards Tribunal
Tribunal Appeal 1 of 2021
GM Mburu, Chair, MS Makhandia & P Mungai, Members
November 25, 2022
Between
Toluwalase Amondi
Appellant
and
Kenya Bureau Of Standards (Managing Director/CEO)
1st Respondent
National Standards Council
2nd Respondent
Ruling
1. The Appellant is a resident adult in Kenya. He was appointed to be a member of KEBS /TC148 Information and Documentation Technical Committee vide Respondent’s letter dated 14th August 2019. He was to serve for a period of Three years effective 1st August 2019.
2. The Respondent is a body Corporate established under the Standards Act Cap.496 Laws of Kenya with primary functions of promoting standardization in industry and commerce and controlling use of standardization marks and distinctive marks.
3. The matter in dispute emanates from Revocation of the Appellant’s appointment to KEBS/TC148-Information and Documentation Technical Committee where he was supposed to be a representative of Information Systems Audit and Control Association (ISACA) Kenya.
4. The statement of appeal was filed on 11th March, 2021 and a Response filed by the 1st Respondent on 3rd May, 2021. The genesis of the dispute is as follows:
5. The Appellant vide a letter dated 14/8/2019 was appointed as a member of the 1st Respondent’s committee KEBS/TC148. He was a nominee of ISACA Kenya. He accepted the nomination.
6. Subsequently, ISACA Kenya withdrew the nomination and the 1st Respondent on the advice of ISACA went ahead and revoked the Appellant’s membership to the committee vide the letter dated 26/10/2020.
7. The reasons for Revocation were that the Appellant was neither an Employee of ISACA – Kenya nor was he nominated by the management of ISACA to represent them in KEBS/ TC148.
8. The Appellant is seeking among many prayers for injunction, reprimands, suspension and revocation of the 1st Respondent’s letter dated 26th October 2020. He is also seeking monetary compensation and costs of this appeal.
9. The Respondent filed a Preliminary Objection on 18th October 2022 stating that the Appeal was filed out of time and or contrary to section 11of the Standards Act cap 496.
10. The Appellant in his Appeal had requested the Tribunal to waive regulatory time for lodging the Appeal due the fact that there was no full quorum of the Tribunal and at the same time there was COVID-19 which posed some challenges.
11. We agree with arguments of both the Appellant and the Respondent on when the Appeal is to be file and under what circumstances the Tribunal can extend time. However, our main concern is not the time the Appeal was to be filed. Our interest is whether the Tribunal has jurisdiction to hear and determine Administrative matters of both the 1st and 2nd Respondents. As a Tribunal we have very specific and limited mandate under Cap 496. This is limited to hearing appeals from any person aggrieved by a decision of KEBS or the Standard Council on the following specific matters:i.Cancellation and suspension of permits under section 10A of Standards Act;ii.Standards levy orders made by the minister under section 10 and 10B of the Standards Act;iii.Decisions and/or directions of Standards Council;iv.Destruction of goods.
12. The revocation of the appellant’s membership was informed by ISACA Kenya withdrawal of the appellant’s nomination to the KEBS/TC/148 committee. This withdrawal left KEBS with no option but to de-recognize Toluwalase Amondi the appellant and recognize the new members appointed by ISACA Kenya.
13. The decision in question is that of ISACA Kenya, which KEBS merely recognized. This Tribunal has no jurisdiction over decisions by ISACA or entities nominating representatives to technical committees.
14. In view of the above, this Tribunal is of the view that this matter does not fall within its Province and is hereby dismissed.
Parties to bear their cost.
DATED IN NAIROBI THIS 25TH DAY OF NOVEMBER, 2022. Gladys Muthoni Mburu (Chairperson) ……………………Moses Sande Makhandia (Member) .………………………..Peter Mungai (Member) .………………………...........