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Kenya Case Law

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Commercial And Corporate [2017] KEHC 7366 (KLR)

Hydropower International (PVI) Limited v Kenya Tea Development Agency (Holdings) Ltd,Kenya Tea Development Agency Power Co. Ltd,Settet Power Company Limited,Thuchi Power Company Limited,Boon Systems (PVI) Limited & VS Hydro (PVI) Limited

Hydropower International (PVI) Limited v Kenya Tea Development Agency (Holdings) Ltd,Kenya Tea Development Agency Power Co. Ltd,Settet Power Company Limited,Thuchi Power Company Limited,Boon Systems (PVI) Limited & VS Hydro (PVI) Limited [2017] KEHC 7366 (KLR)

Court
High Court
Case number
Civil Case 284 of 2016

The court found that it had jurisdiction to entertain the application, as the principles of fairness and adherence to agreed procurement rules apply to private tenders. The applicant established a prima facie case with a probability of success, having demonstrated allegations of collusion and breach of tender requirements. The court held that the applicant would suffer irreparable loss if the injunction was not granted, as the execution of the contracts would render the suit nugatory and the loss could not be adequately compensated by damages. The court rejected the respondents' arguments reg…

Source excerpt

  • Tender Process
  • Injunctions
  • Private Procurement
  • Fraud And Conspiracy
  • Equitable Remedies
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Commercial And Corporate [2015] KEHC 4077 (KLR)

Mary Muthoni Njogu v Ndima Tea Factory Company Limited, Kenya Tea Development Agency Management Services Limited, Kenya Tea Development Agency Holdings Limited & Kenya Tea Development Agency Ltd

Mary Muthoni Njogu v Ndima Tea Factory Company Limited, Kenya Tea Development Agency Management Services Limited, Kenya Tea Development Agency Holdings Limited & Kenya Tea Development Agency Ltd [2015] KEHC 4077 (KLR)

Court
High Court
Case number
Civil Case 189 of 2015
Judge
F Gikonyo

The court found that although the applicant was initially awarded the tender as the highest bidder, credible evidence was presented by the respondents showing that the applicant was a director or shareholder in several companies that withdrew their bids, suggesting bid rigging and use of insider information. The applicant's possession of confidential internal documents further supported the inference of impropriety. The court held that fraud and corruption, even in private procurement, vitiate any contract arising from such a process. Consequently, the applicant failed to establish a prima fa…

Source excerpt

  • Tender Processes
  • Bid Rigging
  • Fraud In Contracts
  • Injunctive Relief
  • Private Procurement
  • Equitable Remedies
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.