[2025] KEHC 278 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to apply for judicial review orders against the decision of the Public Procurement Administrative Review Board. The court also certified the matter as urgent, noting the potential for prejudice if the application was...
Source-derived case information.
- Citation
- [2025] KEHC 278 (KLR)
- Parties
- Applicant: Nyonjoro East Africa Limited; Respondent: Public Procurement Administrative Review Board; Respondent: The Accounting Officer, North Rift Valley Water Works Development Agency; Interested Party: Rumhas Construction Company Limited; Interested Party: Mabac Enterprises Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E007 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Leave Application Ruling
- Outcome
- Leave granted; matter certified as urgent; directions issued for further proceedings.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Public Procurement Disputes, Leave to Apply, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyonjoro East Africa Limited
Applicant
Public Procurement Administrative Review Board
Respondent
The Accounting Officer, North Rift Valley Water Works Development Agency
Respondent
Rumhas Construction Company Limited
Interested Party
Mabac Enterprises Limited
Interested Party
Procedural Posture
Judicial Review Miscellaneous Application / Leave Application Ruling
Legal Issues
- 1 Whether the applicant has established sufficient grounds for grant of leave to apply for judicial review orders.
- 2 Whether the application warrants certification as urgent.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to apply for judicial review orders against the decision of the Public Procurement Administrative Review Board. The court also certified the matter as urgent, noting the potential for prejudice if the application was not heard expeditiously. The court set strict timelines for filing and serving the substantive motion and responses, emphasizing the need for prompt resolution of procurement disputes. The file for the leave application was ordered closed, and the substantive motion was to be filed in a new file as per procedural requirements.
Court Disposition
Leave granted; matter certified as urgent; directions issued for further proceedings.
Orders
- Leave is granted to the applicant to apply for judicial review orders as sought.
- The matter is certified as urgent.
Full Case Text
Judgment text and source record
34 paragraphs
Nyonjoro East Africa Limited v Public Procurement Administrative Review Board & another; Rumhas Construction Company Limited & another (Interested Parties) (Judicial Review Miscellaneous Application E007 of 2025) [2025] KEHC 278 (KLR) (Judicial Review) (21 January 2025) (Ruling)
Neutral citation: [2025] KEHC 278 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E007 of 2025
RE Aburili, J
January 21, 2025
Between
Nyonjoro East Africa Limited
Applicant
and
The Public Procurement Administrative Review Board
1st Respondent
The Accounting Officer, North Rift Valley Water Works Development Agency
2nd Respondent
and
Rumhas Construction Company Limited
Interested Party
Mabac Enterprises Limited
Interested Party
Ruling
1. I have perused and considered the Chamber Summons dated 17/1/2025 filed under certificate of urgency, the grounds, supporting affidavit and the annextures accompanying the statement of facts. The decision sought to be impugned was made on 10/1/2025 in Public Procurement Administrative Review Board Application No. 125/2024.
2. I certify it as urgent.
3. I further grant leave to the exparte applicant to apply for Judicial Review orders sought in the Chamber Summons.
4. The substantive motion shall be filed by close of business today 21/1/2025 and served upon all the Respondents and Interested Party by close of business on 22/1/2025.
5. Upon service of the application and copy of this Ruling and all documents accompanying the applications for the substantive orders, the Respondents and Interested Party shall have 5 days of date of service to file and serve replying affidavits. The Applicant shall then have 3 days of date of service within which to file and serve a further affidavit if need be together with brief written submissions.
6. The Respondents and Interested Party shall then have 3 days to file and serve supplementary affidavits if need be, together with brief written submissions.
7. Mention on 5/2/2025 to confirm compliance and parties shall be at liberty to make oral highlights.
8. For avoidance of doubt, the substantive Notice of Motion shall be filed in a fresh separate file, containing only the Chamber Summons.
9. Accordingly, this file is closed.
10. Ruling to be typed expeditiously and uploaded. The exparte applicant’s Counsel to be notified forthwith to comply with the timelines set herein.
11. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21STDAY OF JANUARY, 2025R.E. ABURILIJUDGE