[2024] KEHC 12055 (KLR)

[2024] KEHC 12055 (KLR)

The court found that the applicant had established a prima facie case warranting the grant of leave to apply for orders of certiorari and prohibition against the decision of the Public Procurement Administrative Review Board and the 2nd Respondent's Notice of Intention to Award contract. The court further exercised...

Source-derived case information.

Citation
[2024] KEHC 12055 (KLR)
Parties
Applicant: Chakra Company Limited; Respondent: Public Procurement Administrative Review Board; Respondent: Agro Chemical & Food Company Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E009 of 2024
Procedural Posture
Judicial Review / Leave Application Ruling
Outcome
Leave to apply for judicial review granted; leave to operate as stay of implementation of impugned decision and notice; directions for service and filing of substantive application.
Judges
MS Shariff
Legal Topics
Public Procurement Review, Judicial Review Leave, Certiorari and Prohibition, Stay of Implementation
Source Language
en
Administrative Law Commercial and Corporate Public Procurement Review Judicial Review Leave Certiorari and Prohibition Stay of Implementation

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Summary, issues, holding and outcome

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Parties

Chakra Company Limited

Applicant

Public Procurement Administrative Review Board

Respondent

Agro Chemical & Food Company Limited

Respondent

Procedural Posture

Judicial Review / Leave Application Ruling

Legal Issues

  1. 1 Whether the applicant has established a prima facie case to warrant grant of leave to apply for orders of certiorari and prohibition.
  2. 2 Whether leave should operate as a stay of the implementation of the impugned decision and notice of intention to award contract.

Ratio Decidendi

The court found that the applicant had established a prima facie case warranting the grant of leave to apply for orders of certiorari and prohibition against the decision of the Public Procurement Administrative Review Board and the 2nd Respondent's Notice of Intention to Award contract. The court further exercised its discretion to order that the leave granted would operate as a stay of the implementation of the impugned decision and notice, in order to preserve the status quo pending the hearing and determination of the substantive judicial review application. The court directed the applicant to serve the application and supporting documents on the respondents simultaneously with the...

Court Disposition

Leave to apply for judicial review granted; leave to operate as stay of implementation of impugned decision and notice; directions for service and filing of substantive application.

Orders

  • Leave is granted to the ex parte applicant to apply for orders of certiorari and prohibition in terms of prayers Nos. 2 – 4 of the chamber summons within 21 days from the date hereof.
  • This leave shall operate as a stay of the implementation of the decision of the Public Procurement Administrative Review Board dated 20th September, 2024 in application No. 85 of 2024 and of the 2nd Respondent’s Notice of Intention to Award contract transmitted to the Applicant on 25th September, 2024.