[2025] KEHC 9442 (KLR)

Source-derived case information.

Citation: [2025] KEHC 9442 (KLR)
Parties: Applicant: The Principal Secretary/Accounting Officer Ministry Of Defence; Applicant: Ministry Of Defence; Respondent: Public Procurement Administrative Review Board; Interested Party: Summa Turizm Yatirimciligi Anonim Sirketi; Interested Party: Ministry of Gender, Cultural, The Arts & Heritage
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Case Number: Judicial Review Application E002 of 2025
Procedural Posture: Judicial Review Application / Ruling on Preliminary Application for Leave
Outcome: Application struck out for want of prosecution and lapse of statutory timelines.
Judges: RE Aburili
Legal Topics: Judicial Review Timelines, Public Procurement Review, Leave to Apply for Judicial Review
Source Language: en

Administrative Law Civil Procedure Judicial Review Timelines Public Procurement Review Leave to Apply for Judicial Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

The Principal Secretary/Accounting Officer Ministry Of Defence

Applicant

Ministry Of Defence

Applicant

Public Procurement Administrative Review Board

Respondent

Summa Turizm Yatirimciligi Anonim Sirketi

Interested Party

Ministry of Gender, Cultural, The Arts & Heritage

Interested Party

Procedural Posture

Judicial Review Application / Ruling on Preliminary Application for Leave

Legal Issues

1 Whether the applicant complied with the court's directions to file proceedings under the recess Rules.
2 Whether the application for leave for judicial review was filed and prosecuted within the statutory timelines under Section 175 of the Public Procurement & Asset Disposal Act.
3 Whether the chamber summons dated 8/1/2025 should be struck out for want of prosecution.

Ratio Decidendi

The court found that the applicants failed to comply with its directions to file proceedings under the recess Rules and did not prosecute their application for leave within the statutory 45-day period prescribed by Section 175 of the Public Procurement & Asset Disposal Act. As the statutory period had lapsed without any substantive motion being filed or the merits of the application being canvassed, the chamber summons dated 8/1/2025 was rendered spent. The court accordingly struck out the application with no orders as to costs and closed the file.

Court Disposition

Application struck out for want of prosecution and lapse of statutory timelines.

Orders

The chamber summons dated 8/1/2025 is struck out.
No orders as to costs.

Full Case Text

Judgment text and source record

27 paragraphs

Principal Secretary/Accounting Officer Ministry of Defence & another v Public Procurement Administrative Review Board; Sirketi & another (Interested Parties) (Judicial Review Application E002 of 2025) [2025] KEHC 9442 (KLR) (Judicial Review) (30 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9442 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E002 of 2025

RE Aburili, J

June 30, 2025

Between

The Principal Secretary/Accounting Officer Ministry Of Defence

1st Applicant

Ministry Of Defence

2nd Applicant

and

Public Procurement Administrative Review Board

Respondent

and

Summa Turizm Yatirimciligi Anonim Sirketi

Interested Party

Ministry of Gender, Cultural, The Arts & Heritage

Interested Party

Ruling

1. On 9/1/2025, the court gave directions in this matter which was not filed under the recess Rules, directing the applicant to file the matter or comply with the recess Rules. The chamber summons dated 8/1/2025 was filed under certificate of urgency, seeking leave of court to apply for Judicial Review orders challenging the decision of the Public Procurement Administrative Review Board made on 23/12/2024 in request for review No.119/2024 filed on 2/12/2024.

2. The applicant has not filed any proceedings or complied with the recess Rules as directed by the court. These being public procurement proceedings, the law, under Section 175 of the Public Procurement & Asset Disposal Act provides for a timeline of 45 days from date of filing for Judicial Review application, for the decision to be rendered.

3. As the 45 days are over without the applicant moving the court to consider the merits of the application for leave and with no substantive motion filed, the matter is spent and the chamber summons dated 8/1/2025 be and is hereby struck out with no orders as to costs.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30THDAY OF JUNE, 2025. R.E. ABURILIJUDGE

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.