[2015] KEHC 7240 (KLR)

[2015] KEHC 7240 (KLR)

The court found that while the respondent, as a public body, was subject to judicial review and had a duty to comply with the rules of natural justice, the applicants' conduct disentitled them to relief. The court held that the applicants had a legitimate expectation to remain prequalified for five years, and the respondent's unilateral termination without notice or hearing was procedurally unfair. However, the applicants failed to disclose the existence of parallel proceedings involving the same issues and parties, amounting to material non-disclosure and abuse of court process. Judicial review remedies are discretionary, and the applicants' lack of candour and duplicity in litigation...

Citation
[2015] KEHC 7240 (KLR)
Parties
Applicant: Republic; Respondent: Kenya Power & Lighting Co. Limited; Applicant: Corner Electrical Contractors Limited; Applicant: Ace Electrical & Control Limited; Applicant: Abuja Engineering Company Limited; Applicant: Awambs Tech Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 April 2015
Case Number
Judicial Review 224 of 2014
Procedural Posture
Judicial Review Application / Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Public Procurement, Natural Justice, Legitimate Expectation, Abuse of Process, Alternative Remedies
Source Language
English
Administrative Law Commercial and Corporate Judicial Review Public Procurement Natural Justice Legitimate Expectation Abuse of Process Alternative Remedies

Case Brief

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Parties

Republic

Applicant

Kenya Power & Lighting Co. Limited

Respondent

Corner Electrical Contractors Limited

Applicant

Ace Electrical & Control Limited

Applicant

Abuja Engineering Company Limited

Applicant

Awambs Tech Company Limited

Applicant

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent's decision to require re-prequalification of already prequalified contractors without notice or hearing violated the rules of natural justice.
  2. 2 Whether judicial review was available as a remedy to the applicants in light of alternative remedies under the Public Procurement and Disposal Act.
  3. 3 Whether the applicants' failure to disclose parallel proceedings amounted to material non-disclosure and abuse of court process.

Ratio Decidendi

The court found that while the respondent, as a public body, was subject to judicial review and had a duty to comply with the rules of natural justice, the applicants' conduct disentitled them to relief. The court held that the applicants had a legitimate expectation to remain prequalified for five years, and the respondent's unilateral termination without notice or hearing was procedurally unfair. However, the applicants failed to disclose the existence of parallel proceedings involving the same issues and parties, amounting to material non-disclosure and abuse of court process. Judicial review remedies are discretionary, and the applicants' lack of candour and duplicity in litigation...

Court Disposition

application dismissed

Orders

  • The notice of motion application dated 17th June, 2014 is dismissed.
  • Costs of the application are awarded to the respondent.