[2021] KECA 86 (KLR)
The Court of Appeal, having considered the statutory timelines under section 175(4) of the Public Procurement and Asset Disposal Act, 2015, determined that it was required to deliver its judgment within 45 days of the appeal to avoid the consequences set out in section 175(5). The Court found no merit in the...
Source-derived case information.
- Citation
- [2021] KECA 86 (KLR)
- Parties
- Appellant: Veronica Ngina Kanja t/a M/S Ventone Enterprises; Respondent: Public Procurement Administrative Review Board; Respondent: Accounting Officer, State Department for Livestock, Ministry of Agriculture, Livestock, Fisheries & Co-operatives; Interested Party: Cathan Logistics Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E513 of 2021
- Procedural Posture
- Civil Appeal / Order on Appeal, Summary Judgment Delivered, Reasons Reserved
- Outcome
- appeal dismissed, High Court ruling upheld, costs to respondents, reasons reserved
- Judges
- HM Okwengu, KI Laibuta, F Sichale
- Legal Topics
- Public Procurement, Judicial Review, Statutory Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Ngina Kanja t/a M/S Ventone Enterprises
Appellant
Public Procurement Administrative Review Board
Respondent
Accounting Officer, State Department for Livestock, Ministry of Agriculture, Livestock, Fisheries & Co-operatives
Respondent
Cathan Logistics Limited
Interested Party
Procedural Posture
Civil Appeal / Order on Appeal, Summary Judgment Delivered, Reasons Reserved
Legal Issues
- 1 Whether the Court of Appeal is bound by statutory timelines under section 175(4) of the Public Procurement and Asset Disposal Act, 2015 to deliver judgment within 45 days of appeal.
- 2 Whether the High Court's ruling in Judicial Review Case No. E091 of 2021 should be upheld or set aside.
Ratio Decidendi
The Court of Appeal, having considered the statutory timelines under section 175(4) of the Public Procurement and Asset Disposal Act, 2015, determined that it was required to deliver its judgment within 45 days of the appeal to avoid the consequences set out in section 175(5). The Court found no merit in the appellant's challenge to the High Court's ruling in Judicial Review Case No. E091 of 2021 and, in compliance with the statutory mandate, dismissed the appeal with costs to the respondents and upheld the High Court's decision. The Court reserved its detailed reasons for judgment, to be delivered at a later date, in accordance with Rule 32(5) of the Court of Appeal Rules.
Court Disposition
appeal dismissed, High Court ruling upheld, costs to respondents, reasons reserved
Orders
- The appellant's appeal is dismissed with costs to the respondents.
- The Ruling and Order of the High Court of Kenya at Nairobi (Jairus Ngaah, J.) delivered on 27th August 2021 in Milimani High Court Judicial Review Case No. E091 of 2021 is upheld.
Full Case Text
Judgment text and source record
24 paragraphs
Veronica Ngina Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) (Civil Appeal E513 of 2021) [2021] KECA 86 (KLR) (18 October 2021) (Order)
Neutral citation: [2021] KECA 86 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal E513 of 2021
HM Okwengu, K.I Laibuta & F Sichale, JJA
October 18, 2021
Between
Veronica Ngina Kanja t/a M/S Ventone Enterprises
Appellant
and
Public Procurement Administrative Review Board
1st Respondent
Accounting Officer ,State Department for Livestock, Ministry of Agriculture, Livestock, Fisheries & Co-operatives
2nd Respondent
and
Cathan Logistics Limited
Interested Party
(Being an appeal from the Ruling of the High Court of Kenya at Nairobi (Jairus Ngaah, J.) delivered on 27th August 2021 in Milimani High Court Judicial Review Case No E091 of 2021)
Order
1. This appeal came for hearing this morning on a virtual platform. Mr. Wilfred Lusi represented the appellant while Mr. Maina Wanjohi represented the respondents. Learned counsel for the appellant addressed the Court by highlighting his written submissions and case digest dated 7th October 2021 while, in response, learned counsel for the respondents made oral submissions.
2. Having heard learned counsel for the appellant and learned counsel for the respondents, and having considered the statutory timelines prescribed under section 175(4) and the effect thereof stipulated in subsection (5) of the Public Procurement and Assets Disposal Act, 2015 over and concerning hearing and determination of appeals by the Court under this section, we take note of the fact that –a.this Court is mandated under section 175(4) to render its judgment within 45 days from the date of appeal; andb.accordingly, this Court’s judgment becomes due for delivery in compliance with that section so as to avoid the effect of subsection (5), which would necessarily follow on 22nd October 2021.
3. In the circumstances, and with the consent of the parties, the Court hereby renders its judgment in summary as pronounced below:a.the appellant’s appeal be and is hereby dismissed with costs to the respondents;b.the Ruling and Order of the High Court of Kenya at Nairobi (Jairus Ngaah, J.) delivered on 27th August 2021 in Milimani High Court Judicial Review Case No. E091 of 2021 be and is hereby upheld;c.the Court reserves its reasons for the judgment pursuant to Rule 32(5) of the Court of Appeal Rules; andd.the Court shall deliver its reasons on 21st January 2022.
Orders accordingly.MADE AT NAIROBI THIS 18THDAY OF OCTOBER 2021. HANNAH OKWENGU.....................................JUDGE OF APPEALF. SICHALE.....................................JUDGE OF APPEALDR. K. I. LAIBUTA.....................................JUDGE OF APPEAL