[2019] KEHC 402 (KLR)

[2019] KEHC 402 (KLR)

The court held that the doctrine of exhaustion generally requires parties to pursue statutory dispute resolution mechanisms before approaching the courts. However, exceptions exist where statutory remedies are inadequate or unavailable, or where constitutional interpretation is necessary. In this case, the...

Source-derived case information.

Citation
[2019] KEHC 402 (KLR)
Parties
Applicant: John Waigi Migwi; Respondent: Nairobi City County Government; Respondent: Nouveta Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Petition 238 of 2019
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Doctrine of Exhaustion, Public Procurement, Fair Administrative Action, Public Participation, Judicial Review, Access to Information
Source Language
en
Constitutional Law Administrative Law Commercial and Corporate Doctrine of Exhaustion Public Procurement Fair Administrative Action Public Participation Judicial Review +1 more

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Summary, issues, holding and outcome

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Parties

John Waigi Migwi

Applicant

Nairobi City County Government

Respondent

Nouveta Ltd

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the doctrine of exhaustion of administrative remedies applies to the petitioner's challenge of the procurement process by the 1st respondent.
  2. 2 Whether the High Court has jurisdiction to hear the petition in light of statutory dispute resolution mechanisms under the Public Procurement and Asset Disposal Act, 2015 and the Fair Administrative Action Act, 2015.
  3. 3 Whether the petitioner's rights to fair administrative action and public participation were violated by the direct award of a revenue collection contract to the 2nd respondent.

Ratio Decidendi

The court held that the doctrine of exhaustion generally requires parties to pursue statutory dispute resolution mechanisms before approaching the courts. However, exceptions exist where statutory remedies are inadequate or unavailable, or where constitutional interpretation is necessary. In this case, the petitioner alleged that the 1st respondent awarded a revenue collection contract to the 2nd respondent without any procurement process known to law, and that he was not a candidate or tenderer eligible to seek administrative review under the Public Procurement and Asset Disposal Act. The court found that the petitioner's allegations, if true, would mean the statutory remedies were not...

Court Disposition

preliminary objection dismissed

Orders

  • The 1st respondent's preliminary objection dated 24th June, 2019 is dismissed.
  • Costs shall abide the outcome of the petition.