[2022] KEELC 1735 (KLR)
The court found that the central issue in the application relates to compliance with the Public Procurement and Asset Disposal Act. Given the importance of jurisdiction, the court determined that it must first be addressed before any substantive determination on the application or the preliminary objection. The...
Source-derived case information.
- Citation
- [2022] KEELC 1735 (KLR)
- Parties
- Applicant: Shamco Africa Limited; Respondent: Agriculture and Food Authority; Interested Party: Habco Agencies Limited; Interested Party: Kipevu 3PL Supply Chain Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E011 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Preliminary Objection and Directions
- Outcome
- Determination of the application and preliminary objection put on hold; parties directed to address the court on jurisdiction.
- Judges
- LN Mbugua
- Legal Topics
- Judicial Review, Public Procurement, Jurisdiction, Asset Disposal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shamco Africa Limited
Applicant
Agriculture and Food Authority
Respondent
Habco Agencies Limited
Interested Party
Kipevu 3PL Supply Chain Ltd
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Preliminary Objection and Directions
Legal Issues
- 1 Whether the court has jurisdiction to hear and determine the application for judicial review regarding the disposal of a public asset.
- 2 Whether there was non-compliance with the Public Procurement and Asset Disposal Act in the disposal of LR. NO. 209/10537.
- 3 Whether the preliminary objection to strike out the chamber summons application is merited.
Ratio Decidendi
The court found that the central issue in the application relates to compliance with the Public Procurement and Asset Disposal Act. Given the importance of jurisdiction, the court determined that it must first be addressed before any substantive determination on the application or the preliminary objection. The court therefore put on hold the determination of both the application and the preliminary objection, and directed the parties to address the court specifically on the question of jurisdiction. This approach is consistent with the principle that jurisdiction is a threshold issue that must be resolved at the earliest opportunity.
Court Disposition
Determination of the application and preliminary objection put on hold; parties directed to address the court on jurisdiction.
Orders
- The determination of the chamber summons application and the preliminary objection is put on hold.
- Parties are directed to address the court on the question of jurisdiction.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC JR. CASE NO. E011 OF 2021
IN THE MATTER OF: ARTICLES OF 23(3) AND (f) & 47 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF: THE PUBLIC PROCUMENT AND ASSET DISPOSAL ACT NO. 33 OF 2015
AND
IN THE MATTER OF: AGRICULTURE AND FOOD AUTHORITY ACT No. 13 of 2013
AND
IN THE MATTER OF: SECTION 7 OF THE FAIR ADMINISTRATIVE ACTIONS ACT No. 4 of 2015
AND
IN THE MATTER OF: UNLAWFUL AND UNPROCEDURAL DISPOSAL OF A PUBLIC ASSET (LR. NO. 209/10537
AND
IN THE MATTER OF: SECTIONS 8 AND 9 OF THE LAW REFORM ACT
AND
IN THE MATTER OF: AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF JUDICIAL REVIEW IN THE NATURE OF CERTIORARI AND PROHIBITION
BETWEEN
SHAMCO AFRICA LIMITED................................................................APPLICANT
=VERSUS=
AGRICULTURE AND FOOD AUTHORITY....................................RESPONDENT
HABCO AGENCIES LIMITED.....................................1ST INTERESTED PARTY
KIPEVU 3PL SUPPLY CHAIN LTD............................2ND INTERESTED PARTY
RULING
1. The ex-parte Applicant filed a chamber summons application dated 18. 6.2021 seeking leave to institute Judicial Review proceedings to inter-alia quash the decision of the Respondent (Agriculture and Foods Authority) delivered on 17. 2.2021.
2. The 1st and 2nd Interested parties filed a notice of preliminary objection dated 9. 11. 2021 seeking to strike out the chamber summons application.
3. The court gave directions on 11. 11. 2021 relating to the aforementioned application as well as the preliminary objection of which the court was to deliver a ruling thereof on 2. 2.2022.
4. I have keenly perused all the material presented before me. In particular, I find that the gist of the matter in the application relates to none compliance with thePublic Procurement and Asset Disposal Act (PPAD) Act.In that regard, this court will put on hold the determination of the application and the preliminary objection. Instead, the court directs the parties to address this court on the question of jurisdiction.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF FEBRUARY, 2022 THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Charege for the Applicant
Mwangi for the Respondent
Court Assistant: Eddel Barasa