A court battle has emerged between a supplier and two government agencies over Sh12 million cow semen.
African Breeder Services Total Cattle Management has sued Kenya Animal Genetic Resources Centre (KAGRC) and the Directorate of Veterinary Services, seeking to freeze the destruction of gendered semen it supplied.
In its case before the High Court, African Breeders said that KAGRC advertised for 20,000 doses of Friesian sexed semen on March 19, 2024, but the agency cancelled the tender.
The firm’s director,
Nathaniel Makoni
, told the court that two months later, KAGRC then advertised another restricted tender, this time round seeking 15,00 doses.
“Respondent split the tender award to two suppliers where the applicant was awarded the tender to supply 5,500 doses of sexed semen,” said Makoni.
He stated that his company brought the consignment worth Sh12 million. Makoni further said that the only requirement was that they meet a 50 per cent semen motility threshold.
“Upon arrival of the consignment in Kenya, it was first presented before the second respondent (Directorate of Veterinary Services), who is the regulator for animal genetic products for testing. The second respondent conducted a random test on the consignment and established that it had surpassed the semen motility threshold of 50 per cent,” said Makoni.
He asserted that KAGRC accepted the semen based on the tests, but took only 4,717 doses.
He said there was no solid explanation for why the remainder had been rejected.
Makoni said that African Breeders delivered an invoice seeking to be paid Sh10.3 million.
However, according to him, the centre requested that he collect two doses from two bulls and hand them to the vets for retesting because they did not meet the threshold.
The court heard that new tests were done on July 31, 2024, and they were given a clean bill of health.
“Despite the first respondent receiving test results from the second respondent confirming that indeed the consignment has surpassed the semen motility threshold of 50 per cent, the 1st respondent has failed to fully honour its obligation to settle the invoice dated July 25, 2024,” said Makoni.
He alleged that KAGRC only paid
Sh3.9 million from the entire
deal, leaving it with a Sh6.3 million debt.
The dispute was referred for arbitration.
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According to Makoni, they agreed to re-test the semen on March 10, 2025, in the presence of all parties.
However, he said, this time round, the vet agency allegedly introduced a new random category which did not meet the threshold.
“The applicant disputes the procedure followed in the semen motility test conducted on the March 10, 2025 as well as the report made by the second respondent and hereby seeks conservatory orders to prevent the consignment from being destroyed by the 1st and 2nd respondents pending the appointment of an a arbitrator and the hearing and determination of the dispute,” he said.
Makoni was of the view that it would be unfair and uneconomical for the two to destroy the semen while there was an outstanding dispute over the tests done.
He asserted that the semen that his firm brought was of quality and above board.
By Kamau Muthoni