https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1019
The Court of Appeal allowed the appeal, set aside the High Court judgment dated 9 April 2026, and substituted an order dismissing Judicial Review Application No. E049 of 2026, with each party bearing its own costs of the appeal.
Source-derived case information.
- Citation
- [2026] KECA 1019 (KLR)
- Parties
- 1st Appellant: Sintecnica Engineering SRL; 2nd Appellant: Joint Venture with Steam SRL; 1st Respondent: The Accounting Officer, Kenya Electricity Generating Company PLC (KENGEN); 2nd Respondent: Kenya Electricity Generating Company PLC (KENGEN); 3rd Respondent: ELC Electroconsult SPA; 4th Respondent: European Investment Bank (EIB); 5th Respondent: The Public Procurement Administrative Review Board
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E317 of 2026
- Procedural Posture
- Civil Appeal From Judicial Review / Appeal Decided; High Court Judgment Set Aside
- Outcome
- Appeal allowed
- Judges
- ["PO Kiage", "J Mohammed", "S ole Kantai"]
- Legal Topics
- Appeal From High Court, Dismissal of JR Application, Costs, Court of Appeal Rules 2022
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sintecnica Engineering SRL
1st Appellant
Joint Venture with Steam SRL
2nd Appellant
The Accounting Officer, Kenya Electricity Generating Company PLC (KENGEN)
1st Respondent
Kenya Electricity Generating Company PLC (KENGEN)
2nd Respondent
ELC Electroconsult SPA
3rd Respondent
European Investment Bank (EIB)
4th Respondent
The Public Procurement Administrative Review Board
5th Respondent
Procedural Posture
Civil Appeal From Judicial Review / Appeal Decided; High Court Judgment Set Aside
Legal Issues
- 1 Whether the appeal should be allowed.
- 2 Whether the High Court judgment in JR Application No. E049 of 2026 should be set aside.
- 3 What orders should follow on costs.
Ratio Decidendi
The Court of Appeal allowed the appeal, set aside the High Court judgment dated 9 April 2026, and substituted an order dismissing Judicial Review Application No. E049 of 2026, with each party bearing its own costs of the appeal.
Court Disposition
Appeal allowed
Orders
- High Court judgment dated 9 April 2026 set aside.
- Judicial Review Application No. E049 of 2026 dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Sintecnica Engineering SRL & another v Accounting Officer, Kenya Ellectricity Generating Company PLC (KENGEN) & 4 others (Civil Appeal E317 of 2026) [2026] KECA 1019 (KLR) (29 May 2026) (Decision) Neutral citation: [2026] KECA 1019 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Civil Appeal E317 of 2026 PO Kiage, J Mohammed & S ole Kantai, JJA May 29, 2026 Between Sintecnica Engineering SRL 1st Appellant Joint Venture with Steam SRL 2nd Appellant and The Accounting Officer, Kenya Ellectricity Generating Company PLC (KENGEN) 1st Respondent Kenya Ellectricity Generating Company PLC (KENGEN) 2nd Respondent ELC Electroconsult SPA 3rd Respondent European Investment Bank (EIB) 4th Respondent The Public Procurement Administrative Review Board 5th Respondent (Being an appeal from the judgment of the High Court of Kenya at Milimani - Judicial Review (R.E Aburili, J.) dated 9th April, 2026 in JR Application No. E049 of 2026) Decision 1.Having carefully considered the record of appeal, the submissions made and authorities cited by the parties herein, the decision of the Court is that this appeal be and is hereby allowed. We set aside the judgment of the High Court (Aburili, J.) dated 9th April 2026 and substitute therefor an order dismissing Judicial Review Application No. E049 of 2026, with each party bearing own costs of the appeal. 2.Pursuant to Rule 34(6) and (7) of the Court of Appeal Rules, 2022, the reasons for this decision shall be given on 26th June 2026. DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY, 2026.P. O. KIAGE….…………………………...JUDGE OF APPEAL JAMILA MOHAMMED…………………..……………JUDGE OF APPEALS. ole KANTAI…………………..……………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR