Kenya Case Law

Mol CY N.V v Public Procurement Administrative Review Board & 4 others (Application E010 of 2026)

Mol CY N.V v Public Procurement Administrative Review Board & 4 others (Application E010 of 2026) [2026] KEHC 6638 (KLR) (15 May 2026) (Judgment)

Court

High Court

Case number

Application E010 of 2026

Judge

["J Ngaah"]

The Review Board acted illegally and irrationally by relaxing express mandatory tender requirements and by treating post-qualification due diligence as a mechanism to cure defects apparent at preliminary evaluation. It also exceeded its jurisdiction by effectively rewriting the tender document and admitting a bid that was non-responsive on tax compliance, certification scope, beneficial ownership disclosure, and schedule of deviations. The impugned decision therefore could not stand under the procurement statutes and the rules of judicial review.

Source excerpt

• Tender responsiveness
• Mandatory tender requirements
• Due diligence in procurement
• Tax compliance certificate
• Iso certification equivalent
• Beneficial ownership disclosure

Republic v Ministry of Lands Appeal Tribunal & 2 others; Masumbuko & 2 others (Exparte Applicants); Thotho (Interested Party)

Republic v Ministry of Lands Appeal Tribunal & 2 others; Masumbuko & 2 others (Exparte Applicants); Thotho (Interested Party) [2024] KEELC 6900 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Application 8 of 2019

Judge

FM Njoroge

The court found that the applicants failed to prove denial of a hearing or breach of natural justice by the Tribunal. The record showed that the Tribunal conducted hearings, took evidence, and made site visits, as reflected in the panel's findings and the applicants' own documents. The applicants' claim of no hearing was unsubstantiated. The court further held that the Tribunal's decisions were not irrational, as the evidence and vesting order indicated the land in question was in a different adjudication section than claimed by the applicants. The Tribunal's findings were logical and based o…

Source excerpt

• Judicial Review
• Land Adjudication
• Natural Justice
• Right To Property
• Ministerial Appeals
• Irrationality

Republic v Public Procurement Administrative Review Board & another; SS Mehta and Sons Limited (Interested Party); Abdulhakim Ahmed Bayusuf and Sons Limited (Exparte Applicant)

Republic v Public Procurement Administrative Review Board & another; SS Mehta and Sons Limited (Interested Party); Abdulhakim Ahmed Bayusuf and Sons Limited (Exparte Applicant) [2024] KEHC 14595 (KLR)

Court

High Court

Case number

Judicial Review Application E177 of 2024

Judge

JM Chigiti

The High Court quashed a procurement award and Review Board decision, finding irrationality, procedural impropriety, and breach of legitimate expectation.

• Public Procurement
• Judicial Review Remedies
• Fair Administrative Action
• Legitimate Expectation
• Procedural Fairness
• Irrationality

Republic v Public Procurement Administrative Review Board & another; Abdulhakim ahmed Bayusuf and Sons Limited (Exparte Applicant); SS Mehta and Sons Limited (Interested Party)

Republic v Public Procurement Administrative Review Board & another; Abdulhakim ahmed Bayusuf and Sons Limited (Exparte Applicant); SS Mehta and Sons Limited (Interested Party) [2024] KEHC 14767 (KLR)

Court

High Court

Case number

Judicial Review Application E175 of 2024

Judge

JM Chigiti

The High Court quashed PPARB and county procurement decisions over Tender No. RTPW/1496775-2/2023-2024, finding irrationality, procedural impropriety, and breach of legitimate expectation.

• Public Procurement
• Judicial Review Remedies
• Procedural Fairness
• Legitimate Expectation
• Irrationality
• Illegality

Republic v Public Procurement Administrative Review Board & 2 others; Raystima Services Limited (Exparte)

Republic v Public Procurement Administrative Review Board & 2 others; Raystima Services Limited (Exparte) [2022] KEHC 18102 (KLR)

Court

High Court

Case number

Application E092 of 2022

Judge

J Ngaah

The court found that the 1st respondent acted outside its statutory powers by directing the procuring entity to terminate the procurement proceedings under section 83 of the Public Procurement and Asset Disposal Act, as that section does not confer such power. The Board's previous decision had clearly directed the award of the tender to the applicant as the next lowest evaluated tenderer, and there was no legal or factual basis for the Board to reverse itself and order termination. The Board's decision was both illegal, for lack of statutory authority, and irrational, as it contradicted its e…

Source excerpt

• Public Procurement
• Judicial Review
• Tender Award
• Statutory Powers
• Illegality
• Irrationality

Republic v Deputy County Commissioner Kajiado West Sub County & 4 others; Kileu (Exparte); Timayio & 4 others (Interested Parties)

Republic v Deputy County Commissioner Kajiado West Sub County & 4 others; Kileu (Exparte); Timayio & 4 others (Interested Parties) [2022] KEHC 11969 (KLR)

Court

High Court

Case number

Judicial Review 13 of 2019

Judge

SN Mutuku

The court found that the recruitment and appointment process for the position of chief of Oldonyonyoike location was conducted in accordance with the relevant statutory and procedural requirements. The advertisement was adequately publicized, and all six candidates, including the Applicant, participated in the process. None of the candidates met the advertised academic qualifications, but the Public Service Commission had previously issued a waiver allowing KCPE as the minimum requirement for chiefs in Kajiado County. The selection process considered multiple factors, including experience and…

Source excerpt

• Judicial Review
• Public Service Recruitment
• Procedural Fairness
• Illegality
• Irrationality
• Natural Justice

Republic v Kenya Revenue Authority Ex Parte Dennis Joseph Shijenje; National Safety Transport & Safety Authority (Interested Party)

Republic v Kenya Revenue Authority Ex Parte Dennis Joseph Shijenje; National Safety Transport & Safety Authority (Interested Party) [2022] KEHC 2758 (KLR)

Court

High Court

Case number

Judicial Review Application 38 of 2020

Judge

J Ngaah

The High Court quashed a caveat on a motor vehicle, finding no legal basis, and ordered the Interested Party to lift it. The court held the action was illegal, irrational, and procedurally improper.

• Judicial Review
• Caveats On Motor Vehicles
• Procedural Fairness
• Irrationality
• Illegality
• Judicial-review

Republic v Kibera Chief Magistrates Court, Director of Public Prosecutions, Directorate of Criminal Investigations, County Assembly of Bungoma, Clerk, County Assembly of Bungoma, County Executive of Bungoma & County Secretary& Head of Public Service Bungoma County Ex parte Francis Simiyu Tome

Republic v Kibera Chief Magistrates Court, Director of Public Prosecutions, Directorate of Criminal Investigations, County Assembly of Bungoma, Clerk, County Assembly of Bungoma, County Executive of Bungoma & County Secretary& Head of Public Service Bungoma County Ex parte Francis Simiyu Tome [2022] KEHC 2872 (KLR)

Court

High Court

Case number

Judicial Review E1093 of 2020

Judge

J Ngaah

The High Court quashed and prohibited criminal charges against a county assembly clerk, finding no factual basis for the prosecution and noting breach of a stay order.

• Judicial Review
• Prosecutorial Discretion
• Illegality
• Irrationality
• Procedural Impropriety
• Judicial-review

Republic v Public Procurement Administrative Board & Kenya Airports Authority; Ex parte: Willis Protocol & Concierge Services Limited

Republic v Public Procurement Administrative Board & Kenya Airports Authority; Ex parte: Willis Protocol & Concierge Services Limited [2021] KEHC 8327 (KLR)

Court

High Court

Case number

Judicial Review Application E006 of 2021

Judge

J Ngaah

The High Court quashed the Review Board’s dismissal of a procurement challenge, finding the non-responsiveness finding irrational and the tender opening process procedurally flawed.

• Public Procurement
• Judicial Review
• Tender Evaluation
• Procedural Fairness
• Legitimate Expectation
• Irrationality

Republic v Office of the Attorney General, Deputy Inspector General of Police,County Commander Nakuru, Sub-County Commander Nakuru East, Chief Inspector Hosea Koech, Police Constable Amos Kipkosgey & Hellen Limo

Republic v Office of the Attorney General, Deputy Inspector General of Police,County Commander Nakuru, Sub-County Commander Nakuru East, Chief Inspector Hosea Koech, Police Constable Amos Kipkosgey & Hellen Limo [2020] KEHC 228 (KLR)

Court

High Court

Case number

Judicial Review 23 of 2019

Judge

NA Matheka

The High Court quashed intended orderly room proceedings against a police officer, finding the disciplinary process lacked a lawful basis and was irrational and procedurally unfair.

• Judicial Review
• Disciplinary Proceedings
• Procedural Fairness
• Irrationality
• Illegality
• Public Service Law