[2023] KECA 1182 (KLR)

[2023] KECA 1182 (KLR)

The Court of Appeal held that the application for certification to appeal to the Supreme Court did not meet the threshold of general public importance as established by the Supreme Court. The issues raised by the applicant were either private commercial matters or points of law that had already been settled by previous decisions of the Court of Appeal, with no conflicting authorities or uncertainty in the law. The Court further noted that it had not determined the second issue raised by the applicant due to lack of jurisdiction, and thus it could not form the basis for certification. Consequently, the application was found to be unmeritorious and was dismissed with costs to the respondents.

Citation
[2023] KECA 1182 (KLR)
Parties
Applicant: ADK Technologies Ltd in Consortium With Transnational Computer Technologies Ltd; Respondent: Public Procurement Administrative Review Board; Respondent: Principal Secretary, National Treasury & Planning; Respondent: National Treasury & Planning; Respondent: Kingsway Business Systems Ltd in Consortium with Kobby Technologies Ltd & Inplenion East Africa Ltd; Respondent: ADK Technologies Limited
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Judgment Date
6 October 2023
Case Number
Civil Application E078 of 2022
Procedural Posture
Civil Application / Application for Certification to Appeal to the Supreme Court
Outcome
application dismissed with costs to the respondents
Judges
DK Musinga, F Sichale, HA Omondi
Legal Topics
Public Procurement Review, Statutory Timelines, Jurisdiction of Court of Appeal, Certification to Supreme Court
Source Language
English
Administrative Law Commercial and Corporate Public Procurement Review Statutory Timelines Jurisdiction of Court of Appeal Certification to Supreme Court

Case Brief

Summary, issues, holding and outcome

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Parties

ADK Technologies Ltd in Consortium With Transnational Computer Technologies Ltd

Applicant

Public Procurement Administrative Review Board

Respondent

Principal Secretary, National Treasury & Planning

Respondent

National Treasury & Planning

Respondent

Kingsway Business Systems Ltd in Consortium with Kobby Technologies Ltd & Inplenion East Africa Ltd

Respondent

ADK Technologies Limited

Respondent

Procedural Posture

Civil Application / Application for Certification to Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the computation of 45 days under section 175(4) of the Public Procurement and Asset Disposal Act, 2015 starts from the date of filing the appeal, the date of hearing, or another time.
  2. 2 Whether one party to a consortium agreement may lodge a request for review, file a judicial review, and prefer an appeal if the other party is unwilling to do so.
  3. 3 Whether the application raises matters of general public importance warranting certification to appeal to the Supreme Court.

Ratio Decidendi

The Court of Appeal held that the application for certification to appeal to the Supreme Court did not meet the threshold of general public importance as established by the Supreme Court. The issues raised by the applicant were either private commercial matters or points of law that had already been settled by previous decisions of the Court of Appeal, with no conflicting authorities or uncertainty in the law. The Court further noted that it had not determined the second issue raised by the applicant due to lack of jurisdiction, and thus it could not form the basis for certification. Consequently, the application was found to be unmeritorious and was dismissed with costs to the respondents.

Court Disposition

application dismissed with costs to the respondents

Orders

  • The application for certification to appeal to the Supreme Court is dismissed.
  • The applicant shall pay costs to the respondents.