[2021] KECA 424 (KLR)

[2021] KECA 424 (KLR)

The court held that the application for extension of time was properly brought under Rule 4 of the Court of Appeal Rules, which grants the court discretion to extend time for filing a notice of appeal. The applicant's delay of five days was not inordinate and was satisfactorily explained by documented technical difficulties with the Judiciary E-filing system, as evidenced by timely correspondence with the Deputy Registrar. The court found that the jurisdictional objection based on Section 175(4) of the Public Procurement and Asset Disposal Act did not preclude the exercise of discretion under Rule 4 in this instance, as the application was not premised on the statutory provision but on...

Citation
[2021] KECA 424 (KLR)
Parties
Applicant: ADK Technologies Limited in Consortium with Transnational Computer Technologies Limited; Respondent: Public Procurement Administrative Review Board; Respondent: The Principal Secretary, The National Treasury and Planning; Respondent: The National Treasury and Planning; Respondent: Kingsway Business Systems Limited in Consortium with Kobbytechnologies Limited and Inplenion Eastern Africa Limited; Respondent: ADK Technologies Limited
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Judgment Date
9 July 2021
Case Number
Civil Application E134 of 2021
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application allowed
Judges
J Karanja
Legal Topics
Extension of Time, Public Procurement Appeals, Court of Appeal Rules, Judicial Review Procedure
Source Language
English
Civil Procedure Commercial and Corporate Extension of Time Public Procurement Appeals Court of Appeal Rules Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

ADK Technologies Limited in Consortium with Transnational Computer Technologies Limited

Applicant

Public Procurement Administrative Review Board

Respondent

The Principal Secretary, The National Treasury and Planning

Respondent

The National Treasury and Planning

Respondent

Kingsway Business Systems Limited in Consortium with Kobbytechnologies Limited and Inplenion Eastern Africa Limited

Respondent

ADK Technologies Limited

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to extend time for filing a notice of appeal in public procurement matters governed by the Public Procurement and Asset Disposal Act.
  2. 2 Whether the applicant has provided sufficient and reasonable explanation for the delay in filing the notice of appeal.
  3. 3 Whether the delay in filing the notice of appeal was inordinate or prejudicial to the respondents.

Ratio Decidendi

The court held that the application for extension of time was properly brought under Rule 4 of the Court of Appeal Rules, which grants the court discretion to extend time for filing a notice of appeal. The applicant's delay of five days was not inordinate and was satisfactorily explained by documented technical difficulties with the Judiciary E-filing system, as evidenced by timely correspondence with the Deputy Registrar. The court found that the jurisdictional objection based on Section 175(4) of the Public Procurement and Asset Disposal Act did not preclude the exercise of discretion under Rule 4 in this instance, as the application was not premised on the statutory provision but on...

Court Disposition

application allowed

Orders

  • Time for filing the notice of appeal is extended.
  • The notice of appeal lodged on 28th April, 2021 is deemed as duly filed within time.