[2020] KEHC 2324 (KLR)
The court allowed the withdrawal of the Notice of Motion dated 25th April 2019 as requested by the applicant, noting that the respondent and interested parties had not filed any consent or submissions on the issue of costs. In the exercise of its discretion, the court ordered that each party bear its own costs. The...
Source-derived case information.
- Citation
- [2020] KEHC 2324 (KLR)
- Parties
- Applicant: The Accounting Officer, Kenya National Highways Authority; Applicant: Kenya National Highways Authority; Respondent: Public Procurement Administrative Review Board; Respondent: Roads and Civil Engineering Contractors Association (RACECA); Respondent: Frontiers Counties Development Council
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 84 of 2020
- Procedural Posture
- Judicial Review / Withdrawal Before Judgment
- Outcome
- withdrawn
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Procedure, Withdrawal of Application, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Accounting Officer, Kenya National Highways Authority
Applicant
Kenya National Highways Authority
Applicant
Public Procurement Administrative Review Board
Respondent
Roads and Civil Engineering Contractors Association (RACECA)
Respondent
Frontiers Counties Development Council
Respondent
Procedural Posture
Judicial Review / Withdrawal Before Judgment
Legal Issues
- 1 Whether the Notice of Motion dated 25th April 2019 should be withdrawn as requested by the applicant.
- 2 How costs should be allocated following the withdrawal of the application.
Ratio Decidendi
The court allowed the withdrawal of the Notice of Motion dated 25th April 2019 as requested by the applicant, noting that the respondent and interested parties had not filed any consent or submissions on the issue of costs. In the exercise of its discretion, the court ordered that each party bear its own costs. The case was accordingly marked as withdrawn and closed.
Court Disposition
withdrawn
Orders
- The Notice of Motion dated 25th April 2019 is marked as withdrawn and the case is closed.
- Each party shall meet their respective costs of the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW CASE NO. 84 OF 2020
BETWEEN
THE ACCOUNTING OFFICER,
KENYA NATIONAL HIGHWAYS AUTHORITY....................1ST APPLICANT
KENYA NATIONAL HIGHWAYS AUTHORITY..…....….....2ND APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE
REVIEW BOARD..........................................................................RESPONDENT
AND
ROADS AND CIVIL ENGINEERING
CONTRACTORS ASSOCIATION (RACECA).....1ST INTERESTED PARTY
FRONTIERS COUNTIES DEVELOPMENT
COUNCIL.................................................................2ND INTERESTED PARTY
RULING NO 4
1. Judgment in this matter was to be delivered on 16th October 2020. The ex parte Applicant has however filed a Notice of Withdrawal dated 13th October 2020, seeking to withdraw the Notice of Motion dated 25th April 2019 for all purposes.
2. Upon perusal of the Court record, I note that the Respondent and Interested Parties advocate herein had filed pleadings and submissions in preparation for the judgment, and there is no consent filed or submissions made on the issue of costs by the said parties.
3. In the premises I hereby order as follows:
I.TheNotice of Motion dated 25thApril 2019 is hereby marked as withdrawn, and this case is accordingly closed.
II.Each party shall meet their respective costs of this suit.
III. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant, Respondents and Interested Parties by electronic mail by close of business on Thursday, 15th October 2020.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE