[2021] KEHC 7444 (KLR)
The court found that the applicant failed to demonstrate that the respondent acted unlawfully or that the procurement process was tainted by illegality, irrationality, or procedural impropriety. The application did not meet the threshold for the grant of judicial review remedies. Consequently, the application was...
Source-derived case information.
- Citation
- [2021] KEHC 7444 (KLR)
- Parties
- Applicant: Republic; Respondent: Public Procurement Administrative Review Board; Defendant: Consortium of Rentco Africa Ltd; Defendant: Pharmaken
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E001 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed with costs
- Legal Topics
- Judicial Review, Public Procurement, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Public Procurement Administrative Review Board
Respondent
Consortium of Rentco Africa Ltd
Defendant
Pharmaken
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether the applicant is entitled to judicial review orders against the respondent in relation to the procurement process.
- 2 Whether the application meets the threshold for grant of judicial review remedies.
Ratio Decidendi
The court found that the applicant failed to demonstrate that the respondent acted unlawfully or that the procurement process was tainted by illegality, irrationality, or procedural impropriety. The application did not meet the threshold for the grant of judicial review remedies. Consequently, the application was dismissed with costs to the respondent and the 1st Interested Party.
Court Disposition
application dismissed with costs
Orders
- The applicant's application is dismissed with costs to the respondent and the 1st Interested Party.
- Reasons for the ruling to be delivered on 12/5/2021.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
MISC. JUDICIAL REVIEW NO. E001 OF 2020
REPUBLIC.......................................................................................................APPLICANT
VERSUS
REPUBLIC PROCUREMENTADMINISTRATIVE BOARD...............RESPONDENT
THE CONSORTIUM OF RENTCO AFRICA LTD..............1ST INTERESTED PARTY
PHARMAKEN.............................................................................2nd INTERSTED PARTY
RULING
1. I have considered the affidavits of the parties. I have also considered the submissions of counsel, which include, the authorities that they cited.
2. After full consideration of the matter, I have come to the conclusion that the applicant’s application fails with the result that I hereby dismissed it with costs to the Respondent and the 1st Interested Party.
3. Reasons for this ruling will be delivered on 12/5/2021.
Ruling signed, dated and delivered at Kabarnet through the e-mail addresses of counsel this 28th day of April, 2021.
J M BWONWONG’A
JUDGE
In the presence of:
Mr. Sitienei, Court Assistant.