[2025] KEHC 5863 (KLR)

Hounslow Security Services Limited v Public Procurement Administrative Review Board & another; Papaton Security Services Limited (Interested Party) (Judicial Review Application E120 of 2025) [2025] KEHC 5863 (KLR) (Judicial Review) (9 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5863 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E120 of 2025

RE Aburili, J

May 9, 2025

Between

Hounslow Security Services Limited

Applicant

and

Public Procurement Administrative Review Board

1st Respondent

Kenya Forestry Research Institute

2nd Respondent

and

Papaton Security Services Limited

Interested Party

Ruling

1. I have considered the chamber summons dated 5th May 2025 together with the statutory statement, verifying affidavit and the annextures thereto.

2. The application which is brought under the provision of Order 53 of the Civil Procedure Rules and Section 7 of the Fair Administrative Action Act, Sections 8 & 9 of the Law Reform Act and Section 175 of the Public Procurement and Asset Disposal Act seeks leave of court to apply for Judicial Review challenging the decisions of the 1st Respondent Review Board made on 24/4/2025 and 29/4/2025 respectively. The applicant had 14 days of 24/4/2025 to challenge the 1st decision.

3. Although the application is filed in time, it was not filed expeditiously. The applicant waited until the eve of the last day to file the application. I therefore do not consider the application to be urgent. I shall not certify it as urgent.

4. However, because of the statutory timelines for disposal of the public procurement and asset disposal matters, I shall proceed to determine the prayer for leave and stay forthwith.

5. The applicant challenges the decision of the 1st Respondent in a public procurement request for review Application Nos. 37/2025 and 41/2025 rendered on 24/4/2025 and 29/4/2025 respectively.

6. Without delving into the merits of the challenge and in order to accord the exparte applicant the opportunity to ventilate their grievances to this court as the right to be heard is guaranteed under Article 50(1) of the Constitution, and as the application is not frivolous on the face of it, I hereby grant leave to the applicant to file the Judicial Review application.

7. The substantive motion shall be filed and served within 3 days of today. The applicant will file only the Notice of Motion, upon which, the Respondents and Interested Party shall have 3 days of the date of service to file and serve their responses to the application.

8. The applicant shall then have 3 days of the date of service of the responses upon them, to file and serve further affidavit if any, together with their brief written submissions. The Respondents and Interested Party shall have 3 days of the date of service to file and serve supplementary affidavits if need arises, together with their brief written submissions.

9. The matter shall be mentioned on 21/5/2025 before Hon. Justice Chigiti J, SC for brief highlights and fixing of a judgment date.

10. On the prayer for stay, I observe that the matter involves procurement processes which are not complete. It is only fair and just that the process be stayed until this matter which is fast-tracked due to statutory timelines is heard and concluded on its merits so as not to render the final decision nugatory, should the applicant be successful.

11. Accordingly, I order that the leave so granted shall operate as a stay of enforcement of the decisions dated 24/4/2025 and 29/4/2025 made by the Respondent including signing and awarding of the tender No. KEFRI-ONT-006-2024-2025 for provision of security guarding and reception services to Papaton Security Services Limited.

12. I make no orders as to costs. The substantive motion shall be filed in a separate fresh court file.

13. This file is closed but shall be brought up in the substantive motion.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9THDAY OF MAY, 2025R.E. ABURILIJUDGE