[2023] KEHC 22526 (KLR)

[2023] KEHC 22526 (KLR)

The court held that while the High Court has jurisdiction to hear constitutional petitions, the present dispute did not meet the threshold of a constitutional issue. The petitioners were not challenging the procurement process or alleging a violation of their constitutional rights, but were instead seeking enforcement of contractual rights arising from the award of tenders. Such matters are properly addressed through civil proceedings for specific performance, not by way of constitutional petition. The court further found that the doctrine of exhaustion of alternative remedies did not strictly apply, as the petitioners and the procuring entity were not disputing the procurement process....

Citation
[2023] KEHC 22526 (KLR)
Parties
Applicant: Meta Suppliers Limited; Applicant: Libana Construction and General Suppliers Limited; Applicant: Tartib Investment Company Limited; Respondent: National Project Coordinator, National Project Implementation Unit Kenya Development Response to Displacement Impacts Project (KDRDIP); Respondent: County Project Coordinator, County Integrated Project Implementation Unit (CCIPIU) Kenya Development Response to Displacement Impacts Project (KDRDIP); Respondent: County Executive Committee Member for Health Services Wajir County; Respondent: Habaswein Sub-County Hospital Project Management Committee; Respondent: County Government of Wajir; Respondent: Ministry of East Africa Community, ASALs and Regional Development; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
25 September 2023
Case Number
Constitutional Petition E004 of 2023
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
Petition struck out for failure to meet the threshold of a constitutional petition. Each party to bear own costs.
Judges
JN Onyiego
Legal Topics
Jurisdiction of High Court, Exhaustion of Statutory Remedies, Public Procurement Disputes, Threshold for Constitutional Petition
Source Language
English
Constitutional Law Commercial and Corporate Jurisdiction of High Court Exhaustion of Statutory Remedies Public Procurement Disputes Threshold for Constitutional Petition

Case Brief

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Parties

Meta Suppliers Limited

Applicant

Libana Construction and General Suppliers Limited

Applicant

Tartib Investment Company Limited

Applicant

National Project Coordinator, National Project Implementation Unit Kenya Development Response to Displacement Impacts Project (KDRDIP)

Respondent

County Project Coordinator, County Integrated Project Implementation Unit (CCIPIU) Kenya Development Response to Displacement Impacts Project (KDRDIP)

Respondent

County Executive Committee Member for Health Services Wajir County

Respondent

Habaswein Sub-County Hospital Project Management Committee

Respondent

County Government of Wajir

Respondent

Ministry of East Africa Community, ASALs and Regional Development

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 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.
  2. 2 Whether the petition raises constitutional issues or is essentially a contractual dispute.
  3. 3 Whether the doctrine of exhaustion of alternative remedies applies to the petitioners' claims.

Ratio Decidendi

The court held that while the High Court has jurisdiction to hear constitutional petitions, the present dispute did not meet the threshold of a constitutional issue. The petitioners were not challenging the procurement process or alleging a violation of their constitutional rights, but were instead seeking enforcement of contractual rights arising from the award of tenders. Such matters are properly addressed through civil proceedings for specific performance, not by way of constitutional petition. The court further found that the doctrine of exhaustion of alternative remedies did not strictly apply, as the petitioners and the procuring entity were not disputing the procurement process....

Court Disposition

Petition struck out for failure to meet the threshold of a constitutional petition. Each party to bear own costs.

Orders

  • The petition is struck out.
  • Each party shall bear its own costs.