Veronica Ngina Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) [2021] KECA 86 (KLR)
- Citation
- [2021] KECA 86 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Court of Appeal
- Panel
- HM Okwengu, KI Laibuta, F Sichale
- Case number
- Civil Appeal E513 of 2021
- Language
- English
More details
- Court
- Court of Appeal
- Panel
- HM Okwengu, KI Laibuta, F Sichale
- Case number
- Civil Appeal E513 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- The Court reserves its reasons for the judgment pursuant to Rule 32(5) of the Court of Appeal Rules.
- The Court shall deliver its reasons on 21st January 2022.
02
Material facts
Parties
Veronica Ngina Kanja t/a M/S Ventone Enterprises
Appellant Counsel: Mr. Wilfred LusiPublic Procurement Administrative Review Board
Respondent Counsel: Mr. Maina WanjohiAccounting Officer, State Department for Livestock, Ministry of Agriculture, Livestock, Fisheries & Co-operatives
Respondent Counsel: Mr. Maina WanjohiCathan Logistics Limited
Interested Party03
Procedural history
Posture
Civil Appeal / Order on Appeal, Summary Judgment Delivered, Reasons Reserved
04
Questions and positions
Legal issues
- 01
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.
- 02
Whether the High Court's ruling in Judicial Review Case No. E091 of 2021 should be upheld or set aside.
Party arguments
- Applicant
- The appellant, through counsel, highlighted written submissions and a case digest, seeking to overturn the High Court's ruling and order in Judicial Review Case No. E091 of 2021. The appellant argued for the appeal to be allowed and the High Court's decision to be set aside.
- Respondent
- The respondents, through counsel, made oral submissions in opposition to the appeal, urging the Court to dismiss the appeal and uphold the High Court's ruling and order.
05
Court’s reasoning
Legal principles
- 01
Section 175(4), Public Procurement and Asset Disposal Act, 2015
The Court of Appeal is mandated by section 175(4) of the Public Procurement and Asset Disposal Act, 2015 to render its judgment within 45 days from the date of appeal.
- 02
Section 175(5), Public Procurement and Asset Disposal Act, 2015
Failure to deliver judgment within the statutory period triggers the consequences stipulated in section 175(5) of the Act.
- 03
Rule 32(5), Court of Appeal Rules
The Court may reserve its reasons for judgment pursuant to Rule 32(5) of the Court of Appeal Rules.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Court emphasized the importance of adhering to statutory timelines in procurement disputes to ensure expeditious resolution.
- The Court noted that reasons for judgment may be reserved and delivered at a later date as permitted by the rules.
Court disposition
appeal dismissed, High Court ruling upheld, costs to respondents, reasons reserved
- 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.
- The Court reserves its reasons for the judgment pursuant to Rule 32(5) of the Court of Appeal Rules.
- The Court shall deliver its reasons on 21st January 2022.
Source and reliance status
Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal
Judgment
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
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