Goldfield Insurance Brokers Limited v Public Procurement Administrative Review Board & 2 others; Utmost Insurance Brokers Limited (Interested Party) (Judicial Review Application E002 of 2026) [2026] KEHC 19 (KLR) (Judicial Review) (6 January 2026) (Ruling)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS JUDICIAL REVIEW DIVISION JUDICIAL REVIEW APPLICATION NO. E002 OF 2026 IN THE MATTER OF AN APPLICATION BY GOLDFIELD INSURANCE BROKERS LIMITED FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF THE CONSTITUTION OF KENYA, 2010 (ARTICLES 10, 22, 23, 47, 48, 50, 165, 201 AND 227), THE FAIR ADMINISTRATIVE ACTION ACT, 2015 (SECTIONS 4, 7, 8 AND 9), THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT, 2015 AND THE REGULATIONS THEREOF AND IN THE MATTER OF THE DECISION OF THE PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD IN APPLICATION NO. 111 OF 2025 DELIVERED ON 22ND DECEMBER 2025 -BETWEEN- GOLDFIELD INSURANCE BROKERS LIMITED-------------APPLICANT -VERSUS THE PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD------------------------------…………….1ST RESPONDENT THE ACCOUNTING OFFICER, COUNTY GOVERNMENT OF NYERI-----------------.2ND RESPONDENT COUNTY GOVERNMENT OF NYERI----------------...3RD RESPONDENT -AND UTMOST INSURANCE BROKERS LIMITED----.INTERESTED PARTY RULING 1. The chamber summons dated 5/1/2026 seeking leave of Court to consider the Chamber summons dated 2/1/2026 during the recess is hereby certified as urgent and the applicant's application to be heard during the recess is allowed. 2. On the chamber summons dated 2/1/2026 seeking leave of court to apply for substantive judicial review orders challenging the 1st Respondent’s Administrative Decision dated 22 December 2025 regarding Tender No. CGN/CS/INS/01/2025-2026, i have perused the application, the grounds, statutory statement and verifying affidavit. I have also perused the annextures in support thereof. 3. I a m satisfied that the applicant has an arguable case for consideration on its merits at the substantive stage, and an arguable case is not necessarily one that must succeed but that it is one that is not, on the face of it, hopeless or frivolous. 4. In the premises, I hereby grant leave to the applicant to file a substantive motion as sought in the chamber summons dated 2/1/2026. 5. The main motion to be filed and served via email upon all the other parties to these proceedings, by Noon on 7/1/2026 and the applicant is directed to file a notice of motion only, without affidavits, statutory statement or annextures. This is because the court shall adopt the documents filed in support of the chamber summons for leave as supporting the main motion. 6. Upon being served with the substantive motion, the respondents and interested party shall file and serve their responses by noon on 9/1/2026. 7. Thereafter, the applicant shall have until noon on 11/1/2026 to file and serve a further affidavit, if need be, together with written submissions. 8. The respondents and interested party shall have until 13/1/2026 to file and serve their supplementary affidavits, if need be, together with written submissions. 9. As this matter is similar to another matter JR/E001/2026 which was filed earlier ad which is due for mention on 13/1/2026, wherein stay of implementation of the decision of the 1st respondent was granted, pending hearing and determination of the judicial review proceedings, it would be superfluous to grant another stay order that has the same effect as the one already granted. 10.Each party to bear their own costs of the chamber summons. 11.This matter shall therefore be mentioned on 13/1/2026 to fix a judgment date. 12.I so order. Dated, Signed and Delivered at Nairobi this 6th Day of January, 2026 R.E. ABURILI JUDGE