[2025] KEHC 220 (KLR)
The court found that the applicant had demonstrated sufficient grounds for urgency and an arguable case for judicial review. Accordingly, leave was granted to apply for orders of certiorari and mandamus. The court further exercised its discretion to order that the leave granted operates as a stay of the decision and...
Source-derived case information.
- Citation
- [2025] KEHC 220 (KLR)
- Parties
- Applicant: Paramax Cleaning Services Limited; Respondent: Public Procurement Administrative Review Board; Respondent: The Accounting Officer, Kenyatta International Convention Centre; Respondent: Kenyatta International Convention Centre
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E009 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Ex Parte Application for Leave and Stay
- Outcome
- Leave granted to apply for judicial review orders; leave to operate as stay of the impugned decision; directions issued for expedited hearing.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Public Procurement, Leave to Apply, Stay of Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paramax Cleaning Services Limited
Applicant
Public Procurement Administrative Review Board
Respondent
The Accounting Officer, Kenyatta International Convention Centre
Respondent
Kenyatta International Convention Centre
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Ex Parte Application for Leave and Stay
Legal Issues
- 1 Whether the application for leave to apply for judicial review orders of certiorari and mandamus meets the threshold for urgency.
- 2 Whether leave should operate as a stay of the decision of the Public Procurement Administrative Review Board.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for urgency and an arguable case for judicial review. Accordingly, leave was granted to apply for orders of certiorari and mandamus. The court further exercised its discretion to order that the leave granted operates as a stay of the decision and directions contained in Review decision No. 128 of 2024 made on 14/1/2025 by the Public Procurement Administrative Review Board, pending the hearing and determination of the substantive Notice of Motion. The court issued directions for expedited filing and service of the substantive motion and responses, and set a mention date to confirm compliance.
Court Disposition
Leave granted to apply for judicial review orders; leave to operate as stay of the impugned decision; directions issued for expedited hearing.
Orders
- Application certified as urgent.
- Leave granted to the applicant to apply for orders of certiorari and mandamus.
Full Case Text
Judgment text and source record
28 paragraphs
Paramax Cleaning Services Limited v Public Procurement Administrative Review Board & 2 others (Judicial Review Miscellaneous Application E009 of 2025) [2025] KEHC 220 (KLR) (Judicial Review) (21 January 2025) (Ruling)
Neutral citation: [2025] KEHC 220 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E009 of 2025
RE Aburili, J
January 21, 2025
Between
Paramax Cleaning Services Limited
Applicant
and
The Public Procurement Administrative Review Board
1st Respondent
The Accounting Officer, Kenyatta International Convention Centre
2nd Respondent
Kenyatta International Convention Centre
3rd Respondent
Ruling
1. I have considered the application dated 20/1/2025 filed under certificate of urgency, the grounds in support thereof, the supporting affidavit and statement of facts as well as the annextures.
2. I am satisfied that the application is urgent.
3. I certify it as urgent. I further grant leave to the exparte applicant to apply for the Judicial Review orders of certiorari and mandamus as sought in the Chamber Summons.
4. The substantive Notice of Motion to be filed by close of business today and to be served together with this Ruling on all the Respondents and the Interested Party successful bidder by close of business on 22/1/2025. Upon such service, the Respondents and Interested Party shall file and serve their responses to the main motion within 5 days upon which the exparte applicant shall file and serve a further affidavit if need be, within 3 days of service, together with brief submissions.
5. The Respondent and Interested Party shall thereafter file if need arises, supplementary affidavits together with brief written submissions. Mention to confirm compliance and brief highlights on 5/2/2025.
6. Pending the hearing and determination of the substantive Notice of Motion, the leave herein granted shall operate as stay of the decision and directions contained in the Review decision No. 128 of 2024 made on 14/1/2025 by the Public Procurement Administrative Review Board.
7. The substantive motion to be filed in a separate Judicial Review file. This file is closed.
8. Ruling to be typed forthwith and uploaded in the CTS
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21ST DAY OF JANUARY, 2025R.E. ABURILIJUDGE