[2021] KEHC 7886 (KLR)

[2021] KEHC 7886 (KLR)

The court found that the judicial review application was filed in the name of ADK Technologies Limited without its knowledge or authority. ADK Technologies Limited expressly disowned the proceedings and denied authorizing Samuel Haile Nigussie or any advocate to act on its behalf. The court held that, while the consortium could bid for the tender, each member retained its separate legal identity and could not unilaterally act for the other in legal proceedings without written authority. The absence of such authority was a fatal defect, rendering the application incompetent and an abuse of the court process. The court emphasized that procedural requirements under Order 1 Rule 13 and Order...

Citation
[2021] KEHC 7886 (KLR)
Parties
Applicant: ADK Technologies Limited in consortium with Transnational Computer Technologies Limited; Respondent: Public Procurement Administrative Review Board; Interested Party: The Principal Secretary, The National Treasury and Planning; Interested Party: The National Treasury and Planning; Interested Party: Kingsway Business Systems Limited in consortium with Kobby Technologies Limited and Inplenion Eastern Africa Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 April 2021
Case Number
Judicial Review E027 of 2021
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application struck out as incompetent and an abuse of process.
Judges
J Ngaah
Legal Topics
Public Procurement, Judicial Review Procedure, Authority to Sue, Consortium Bidding, Abuse of Process
Source Language
English
Administrative Law Commercial and Corporate Public Procurement Judicial Review Procedure Authority to Sue Consortium Bidding Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

ADK Technologies Limited in consortium with Transnational Computer Technologies Limited

Applicant

Public Procurement Administrative Review Board

Respondent

The Principal Secretary, The National Treasury and Planning

Interested Party

The National Treasury and Planning

Interested Party

Kingsway Business Systems Limited in consortium with Kobby Technologies Limited and Inplenion Eastern Africa Limited

Interested Party

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the judicial review application was properly instituted by or with the authority of the named applicant.
  2. 2 Whether a member of a consortium can unilaterally institute proceedings in the name of the consortium or another member without written authority.
  3. 3 Whether the absence of proper authority renders the application fatally defective and an abuse of court process.

Ratio Decidendi

The court found that the judicial review application was filed in the name of ADK Technologies Limited without its knowledge or authority. ADK Technologies Limited expressly disowned the proceedings and denied authorizing Samuel Haile Nigussie or any advocate to act on its behalf. The court held that, while the consortium could bid for the tender, each member retained its separate legal identity and could not unilaterally act for the other in legal proceedings without written authority. The absence of such authority was a fatal defect, rendering the application incompetent and an abuse of the court process. The court emphasized that procedural requirements under Order 1 Rule 13 and Order...

Court Disposition

Application struck out as incompetent and an abuse of process.

Orders

  • The judicial review application is struck out.
  • Costs awarded to the 3rd interested party and ADK Technologies Limited.