[2025] KEHC 257 (KLR)

[2025] KEHC 257 (KLR)

The court held that its jurisdiction to hear and determine the judicial review application had lapsed upon expiry of the 45-day period stipulated in Section 175(3) of the Public Procurement and Asset Disposal Act. Consequently, the impugned decision of the Public Procurement Administrative Review Board had taken...

Source-derived case information.

Citation
[2025] KEHC 257 (KLR)
Parties
Applicant: Tusbah Construction Company Limited; Respondent: Public Procurement Administrative Review Board
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review Application E208 of 2024
Procedural Posture
Judicial Review Application / Ruling
Outcome
Application dismissed for want of jurisdiction; file closed.
Judges
RE Aburili
Legal Topics
Public Procurement, Judicial Review Jurisdiction
Source Language
en
Administrative Law Public Procurement Judicial Review Jurisdiction

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Summary, issues, holding and outcome

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Parties

Tusbah Construction Company Limited

Applicant

Public Procurement Administrative Review Board

Respondent

Procedural Posture

Judicial Review Application / Ruling

Legal Issues

  1. 1 Whether the court retains jurisdiction to determine the judicial review application after the lapse of 45 days as stipulated under Section 175(3) of the Public Procurement and Asset Disposal Act.
  2. 2 Whether the impugned decision takes effect by operation of law after expiry of the statutory period.

Ratio Decidendi

The court held that its jurisdiction to hear and determine the judicial review application had lapsed upon expiry of the 45-day period stipulated in Section 175(3) of the Public Procurement and Asset Disposal Act. Consequently, the impugned decision of the Public Procurement Administrative Review Board had taken effect by operation of law under Section 175(5) of the Act. The court therefore declined to take any further action in the matter and ordered the file closed.

Court Disposition

Application dismissed for want of jurisdiction; file closed.

Orders

  • This file is accordingly closed, no further action.
  • Ruling to be typed and uploaded in the Case Tracking System.