[2025] KEHC 8610 (KLR)
The court found that the application for leave to challenge the decision of the Public Procurement Administrative Review Board was not frivolous and disclosed an arguable case. Given the time-bound nature of public procurement disputes, the court exercised its discretion to grant leave to the applicant to file and...
Source-derived case information.
- Citation
- [2025] KEHC 8610 (KLR)
- Parties
- Applicant: Elc Electroconsult SPA; Respondent: The Public Procurement Administrative Review Board; Respondent: Sintecnical Engineering SRL In Joint Venture With Steam S.R.L; Respondent: The Accounting Officer, Kenya Electricity Generating Company Plc (Kengen); Respondent: Kenya Electricity Generating Company Plc (Kengen)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E068 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Commence Judicial Review
- Outcome
- Leave granted to the applicant to file and serve the substantive notice of motion challenging the decision of the Public Procurement Administrative Review Board.
- Judges
- RE Aburili
- Legal Topics
- Public Procurement Review, Leave to Apply for Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elc Electroconsult SPA
Applicant
The Public Procurement Administrative Review Board
Respondent
Sintecnical Engineering SRL In Joint Venture With Steam S.R.L
Respondent
The Accounting Officer, Kenya Electricity Generating Company Plc (Kengen)
Respondent
Kenya Electricity Generating Company Plc (Kengen)
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Commence Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to challenge the decision of the Public Procurement Administrative Review Board rendered on 11/6/2025.
- 2 Whether the application is frivolous or discloses an arguable case warranting judicial review.
Ratio Decidendi
The court found that the application for leave to challenge the decision of the Public Procurement Administrative Review Board was not frivolous and disclosed an arguable case. Given the time-bound nature of public procurement disputes, the court exercised its discretion to grant leave to the applicant to file and serve the substantive notice of motion within the prescribed period. The court emphasized the need for expeditious handling of such matters in accordance with statutory requirements.
Court Disposition
Leave granted to the applicant to file and serve the substantive notice of motion challenging the decision of the Public Procurement Administrative Review Board.
Orders
- Leave is granted to the applicant to file and serve the substantive notice of motion by close of business on 23/6/2025 in a fresh Judicial Review file.
- This file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
Elc Electroconsult Spa v Public Procurement Administrative Review Board & 3 others (Judicial Review Application E068 of 2025) [2025] KEHC 8610 (KLR) (Judicial Review) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8610 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E068 of 2025
RE Aburili, J
June 20, 2025
Between
Elc Electroconsult SPA
Applicant
and
The Public Procurement Administrative Review Board
1st Respondent
Sintecnical Engineering SRL In Joint Venture With Steam S.R.L
2nd Respondent
The Accounting Officer, Kenya Electricity Generating Company Plc (Kengen)
3rd Respondent
Kenya Electricity Generating Company Plc (Kengen)
4th Respondent
Ruling
1. The application dated 20th June 2025 is not certified urgent. Nonetheless, this is a public procurement matter which is time bound. The proceedings have to be heard and determined within 45 days of the date of filing in court. The court must therefore consider the application expeditiously.
2. I have perused the chamber summons dated 20/6/2025, the grounds, statutory statement, verifying affidavit and annextures thereto. I am satisfied that the application which seeks leave of court to challenge the decision of the Public Procurement Administrative Review Board rendered on 11/6/2025 is not frivolous.
3. I grant leave to the applicant to file and serve the substantive notice of motion by close of business on 23/6/2025 and in a fresh Judicial Review file.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20THDAY OF JUNE, 2025R.E. ABURILIJUDGE