[2020] KEHC 2338 (KLR)
The court found that the consent dated 17th September 2020, duly signed by the advocates for the ex parte applicant, 1st interested party, and 2nd interested party, was valid and should be adopted as an order of the court. The effect of the consent was to withdraw the substantive application dated 5th August 2020...
Source-derived case information.
- Citation
- [2020] KEHC 2338 (KLR)
- Parties
- Applicant: Magal Security Services Limited; Respondent: The Public Procurement Administrative Review Board; Interested Party: Kenya Railways Corporation; Interested Party: Horsebridge Network Systems (East Africa) Limited in JV with FLIR Systems (UK); Interested Party: Achelis Kenya Limited, Dams Construction Limited, Otto Mruttu + Partners Architects, Armstrong & Duncan, Brillitech Engineering Services Limited, Com Twenty-One Limited, Glosec Solutions Limited (Consortium)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E013 of 2020
- Procedural Posture
- Judicial Review Application / Withdrawal Before Substantive Hearing
- Outcome
- withdrawn by consent
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Public Procurement, Certiorari, Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magal Security Services Limited
Applicant
The Public Procurement Administrative Review Board
Respondent
Kenya Railways Corporation
Interested Party
Horsebridge Network Systems (East Africa) Limited in JV with FLIR Systems (UK)
Interested Party
Achelis Kenya Limited, Dams Construction Limited, Otto Mruttu + Partners Architects, Armstrong & Duncan, Brillitech Engineering Services Limited, Com Twenty-One Limited, Glosec Solutions Limited (Consortium)
Interested Party
Procedural Posture
Judicial Review Application / Withdrawal Before Substantive Hearing
Legal Issues
- 1 Whether the consent filed by the parties warrants withdrawal of the substantive judicial review application.
- 2 Whether costs should be awarded or each party should bear its own costs.
Ratio Decidendi
The court found that the consent dated 17th September 2020, duly signed by the advocates for the ex parte applicant, 1st interested party, and 2nd interested party, was valid and should be adopted as an order of the court. The effect of the consent was to withdraw the substantive application dated 5th August 2020 and mark the suit as withdrawn. The court further held that, in line with the consent, each party should bear its own costs. The court also directed the Deputy Registrar to circulate the ruling to all parties electronically.
Court Disposition
withdrawn by consent
Orders
- The consent dated 17th September 2020 is adopted as an order of the court and the suit is marked as withdrawn.
- Each party shall bear its respective costs of the suit.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E013 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE
JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
MAGAL SECURITY SERVICES LIMITED........................................APPLICANT
VERSUS
THE PUBLIC PROCUREMENT
ADMINISTRATIVE REVIEW BOARD............................................RESPONDENT
AND
KENYA RAILWAYS CORPORATION..........................1ST INTERESTED PARTY
HORSEBRIDGE NETWORK SYSTEMS (EAST AFRICA)
LIMITED IN JV WITH FLIR SYSTEMS (UK)..............2ND INTERESTED PARTY
ACHELIS KENYA LIMITED, DAMS CONSTRUCTION
LIMITED, OTTO MRUTTU + PARTNERS ARCHITECTS,
ARMSTRONG & DUNCAN, BRILLITECH ENGNEERING
SERVICES LIMITED, COM TWENTY -ONE LIMITED GLOSEC
SOLUTIONS LIMITED (CONSORTIUM)...................3RD INTERESTED PARTY
RULING
1. The ex parte Applicant, 1ST Interested Party, and 2nd Interested Party herein have filed a consent dated 17th September 2020 which is duly signed by their advocates. The consent is to the effect that the substantive application dated 5th August 2020 filed by the Applicant is hereby withdrawn, that this matter should be marked as withdrawn, and that each party to bear its own costs.
2. I note in this regard that while the Respondent filed a replying affidavit, the 3rd Interested Party did not file any pleadings herein.
3. In the premises I hereby order as follows:
I.The consent dated 17th September 2020 is hereby adopted as an order of the Court, and this suit is hereby marked as withdrawn.
II.Each party shall bear its respective costs of the suit.
III. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant, Respondents and Interested Parties by electronic mail by close of business on Thursday, 8th October 2020.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 7th DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE