[2020] KEHC 3347 (KLR)

[2020] KEHC 3347 (KLR)

The court found that the applicant had demonstrated an arguable case for judicial review, having provided evidence of the impugned decision and grounds for illegality and procedural impropriety. The court held that leave to commence judicial review proceedings should be granted. Further, the court exercised its...

Source-derived case information.

Citation
[2020] KEHC 3347 (KLR)
Parties
Applicant: Magal Security Services Limited; Respondent: Public Procurement Administrative Review Board; Respondent: Kenya Railways Corporation; Respondent: Horsebridge Network Systems (East Africa) Limited in JV with FLIR Systems (UK); Respondent: 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
Judgment Date
24 July 2020
Case Number
Judicial Review Miscellaneous Application E013 of 2020
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay Application
Outcome
Leave granted; leave to operate as stay; directions issued for further hearing.
Judges
P Nyamweya
Legal Topics
Public Procurement, Judicial Review Procedure, Tender Disqualification, Certiorari, Prohibition, Stay of Proceedings
Source Language
english
Administrative Law Commercial and Corporate Public Procurement Judicial Review Procedure Tender Disqualification Certiorari Prohibition Stay of Proceedings

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Parties

Magal Security Services Limited

Applicant

Public Procurement Administrative Review Board

Respondent

Kenya Railways Corporation

Respondent

Horsebridge Network Systems (East Africa) Limited in JV with FLIR Systems (UK)

Respondent

Achelis Kenya Limited, Dams Construction Limited, Otto Mruttu + Partners Architects, Armstrong & Duncan, Brillitech Engineering Services Limited, Com Twenty-One Limited, Glosec Solutions Limited (Consortium)

Respondent

Procedural Posture

Judicial Review Application / Ruling on Leave and Stay Application

Legal Issues

  1. 1 Whether the applicant has established an arguable case warranting leave to commence judicial review proceedings.
  2. 2 Whether leave granted should operate as a stay of the procurement process and the impugned decision.
  3. 3 Whether the Public Procurement Administrative Review Board acted illegally, unreasonably, or irrationally in dismissing the applicant's request for review.

Ratio Decidendi

The court found that the applicant had demonstrated an arguable case for judicial review, having provided evidence of the impugned decision and grounds for illegality and procedural impropriety. The court held that leave to commence judicial review proceedings should be granted. Further, the court exercised its discretion to direct that the grant of leave operates as a stay of the Respondent's decision and the procurement process, as the decision was of a continuing nature and not fully implemented. The court reasoned that allowing the procurement process to proceed would render the applicant's challenge nugatory. The court also issued directions for the expeditious hearing of the...

Court Disposition

Leave granted; leave to operate as stay; directions issued for further hearing.

Orders

  • The application is certified urgent and admitted for ex parte hearing.
  • Leave is granted to apply for orders of certiorari and prohibition against the Respondent and 1st Interested Party.