[2025] KEHC 259 (KLR)
The court held that since 45 days had lapsed since the filing of the judicial review application without a hearing, its jurisdiction to determine the matter was ousted by operation of section 175(3) of the Public Procurement and Asset Disposal Act. Consequently, the court could not take any further action on the...
Source-derived case information.
- Citation
- [2025] KEHC 259 (KLR)
- Parties
- Applicant: Ibka Trading Company Limited; Respondent: Public Procurement Administrative Review Board
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E206 of 2024
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdictional Lapse Due to Statutory Time Limit
- Outcome
- Application dismissed for want of jurisdiction due to lapse of statutory time limit.
- Judges
- RE Aburili
- Legal Topics
- Public Procurement, Judicial Review, Statutory Time Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibka Trading Company Limited
Applicant
Public Procurement Administrative Review Board
Respondent
Procedural Posture
Judicial Review Application / Ruling on Jurisdictional Lapse Due to Statutory Time Limit
Legal Issues
- 1 Whether the High Court retains jurisdiction to hear a judicial review application after the lapse of the statutory 45-day period under section 175(3) of the Public Procurement and Asset Disposal Act.
Ratio Decidendi
The court held that since 45 days had lapsed since the filing of the judicial review application without a hearing, its jurisdiction to determine the matter was ousted by operation of section 175(3) of the Public Procurement and Asset Disposal Act. Consequently, the court could not take any further action on the application, and the file was closed.
Court Disposition
Application dismissed for want of jurisdiction due to lapse of statutory time limit.
Orders
- The file is closed as the court's jurisdiction is ousted by lapse of the statutory 45-day period.
Full Case Text
Judgment text and source record
23 paragraphs
Ibka Trading Company Limited v Public Procurement Administrative Review Board (Judicial Review Application E206 of 2024) [2025] KEHC 259 (KLR) (Judicial Review) (21 January 2025) (Ruling)
Neutral citation: [2025] KEHC 259 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E206 of 2024
RE Aburili, J
January 21, 2025
Between
Ibka Trading Company Limited
Applicant
and
Public Procurement Administrative Review Board
Respondent
Ruling
1. This matter arises from the decision of the Public Procurement Administrative Review Board.
2. Section 175(3) of the Public Procurement and Asset Disposal Act mandates this court to hear and determine the Judicial Review matter within 45 days of the date of filing and failure to which the decision impugned shall take effect.
3. Forty-five days have since lapsed with no hearing of the application dated 17/9/2024.
4. Accordingly, the jurisdiction of this court is ousted.
5. In this end, I hereby close this file as no further action can be taken.
6. Ruling to be typed and uploaded in the CTS.
7. I so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21STDAY OF JANUARY, 2025R.E. ABURILIJUDGE