Directors of a pharmaceutical company have moved to court to block DPP Nordin Haji from arresting and instituting criminal charges against them for importing substandard adult diapers.
In a notice filed under certificate of urgency, Harleys Limited and its directors claim they followed the law during the importation of diapers.
They said the allegations by the DPP are inaccurate.
Harleys is a wholesale distributor who imports pharmaceutical products and equipment. The Nairobi-based company imported the diapers from Kamal Healthcare products in India. Operations director Haria Kumar said they got approval from Kenya Bureau of Standards to import the 6,480 pieces of diapers comprising 2,400 medium sizes and 2,100 large ones. The rest were extra large.
The goods were inspected and approved by Kebs, Kumar said.
But in a letter dated June 6, Kebs notified the company that samples drawn on May 31 and tested against standard requirements for disposable adult diapers failed to comply in marking.
The company disagreed with the findings and requested for re-analysis of the products.
“The goods had been approved. We acted on the inspection, approvals of Kebs and imported the goods comprising of Draimaxx Adult Diapers,” the firms says in its affidavit.
Kumar said they were surprised to learn that summonses had been issued to have the company’s directors in court on October 2.They will face charges of “conniving to commit an offence and willful disobedience of statutory duty”.
“Such charges should not be brought against us because we’re not in the business of clearing and verifying standards of products being imported,”Kumar said.
The company wants an order barring the DPP and the Director of Criminal Investigations from maintaining the charges or instituting fresh investigations based on the importation of the diapers.
The firm and its directors Rrupen Shah, Asvin Haria and Kumar has sued the DPP, DCI and Kebs.