Kenya Case Law

Atyang & 3 others v Cabinet Secretary, Ministry of Treasury and Economic Planning & 3 others

Atyang & 3 others v Cabinet Secretary, Ministry of Treasury and Economic Planning & 3 others [2025] KEHC 5990 (KLR)

Court

High Court

Case number

Constitutional Petition E016 of 2025

Judge

A Mabeya

The court found that the applicants failed to establish a prima facie case for the grant of conservatory orders. There was insufficient evidence that public participation occurred after the decision to pursue leasing under the Public Private Partnership Act, but the applicants did not demonstrate that the statutory remedies under the PPP Act were inadequate or unavailable. The doctrine of exhaustion applied, requiring the applicants to first seek redress before the PPP Petition Committee as provided by law. The court also rejected the respondents' claim that the leases had already been signed…

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• Public Participation
• Doctrine Of Exhaustion
• Judicial Review
• Public Procurement
• Conservatory Orders
• Tender Process

Republic v Njeri & another

Republic v Njeri & another [2025] KEHC 4476 (KLR)

Court

High Court

Case number

Application E246 of 2024

Judge

JM Chigiti

The court dismissed the application primarily because the applicant failed to exhaust the available and adequate internal remedies under the Public Procurement and Asset Disposal Act before seeking judicial review, and no exceptional circumstances were demonstrated to warrant exemption from this requirement. Furthermore, the application was deemed moot as there was no evidence the tender had been awarded.

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• Public Procurement
• Judicial Review Procedure
• Exhaustion Of Remedies
• Fair Administrative Action
• Tender Process
• Mootness

Republic v Kenya Electricity Generating Company PLC; Association of Insurance Brokers of Kenya (Exparte)

Republic v Kenya Electricity Generating Company PLC; Association of Insurance Brokers of Kenya (Exparte) [2024] KEHC 13836 (KLR)

Court

High Court

Case number

Application E064 of 2024

Judge

J Ngaah

The court held that the applicant was required to exhaust the dispute resolution mechanisms provided under the Public Procurement and Asset Disposal Act before approaching the High Court for judicial review. The applicant had already initiated a complaint before the Public Procurement Regulatory Authority but failed to pursue that process to its conclusion, instead instituting parallel proceedings in the High Court. The court found that the applicant did not seek or demonstrate exceptional circumstances to justify exemption from the exhaustion requirement under section 9(4) of the Fair Admini…

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• Public Procurement
• Judicial Review Exhaustion
• Locus Standi
• Tender Process
• Alternative Dispute Resolution

Vihiga Contractors Association through Hassan v County Government of Vihiga & another

Vihiga Contractors Association through Hassan v County Government of Vihiga & another [2024] KEHC 11390 (KLR)

Court

High Court

Case number

Constitutional Petition 1 of 2024

Judge

JN Kamau

The court held that while the Public Procurement and Asset Disposal Act establishes a specialized dispute resolution mechanism through the Public Procurement Administrative Review Board, this does not oust the jurisdiction of the High Court to determine constitutional questions under Article 165(3)(b) of the Constitution. The court found that the petition raised genuine constitutional issues regarding the procurement process and alleged violations of fundamental rights, thus meeting the threshold for a constitutional petition. Furthermore, the court determined that the petitioner, being a reg…

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• Public Procurement
• Locus Standi
• Exhaustion Principle
• Judicial Review
• Tender Process
• Fundamental Rights

Republic v Public Procurement Administrative Review Board; Inhemeter Africa Company Ltd & 3 others (Exparte); Accounting Officer, Kenya Power & Lighting Company (Interested Party)

Republic v Public Procurement Administrative Review Board; Inhemeter Africa Company Ltd & 3 others (Exparte); Accounting Officer, Kenya Power & Lighting Company (Interested Party) [2022] KEHC 18101 (KLR)

Court

High Court

Case number

Application E088 of 2022

Judge

J Ngaah

The court held that the applicants' request for review was filed outside the statutory 14-day period prescribed by section 167(1) of the Public Procurement and Asset Disposal Act. The date of the alleged breach was 15 March 2022, when the applicants became aware of the tender conditions they challenged. The applicants were required to file their request for review by 30 March 2022 but failed to do so. The respondent's decision to decline jurisdiction was therefore correct and not tainted by illegality, irrationality, or procedural impropriety. The court emphasized that judicial review is limi…

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• Public Procurement
• Judicial Review Timelines
• Administrative Decision Making
• Tender Process
• Jurisdiction Of Review Board

Okiya Omtatah Okoiti v Parliamentary Service Commission; National Assembly, Senate, Auditor General, Insurance Regulatory Authority & Association of Kenya Insurers (Interested Parties)

Okiya Omtatah Okoiti v Parliamentary Service Commission; National Assembly, Senate, Auditor General, Insurance Regulatory Authority & Association of Kenya Insurers (Interested Parties) [2021] KEHC 856 (KLR)

Court

High Court

Case number

Constitutional Petition E401 of 2021

Judge

AC Mrima

The court found that while the petition disclosed a prima facie case regarding the alleged wastefulness and unconstitutionality of the procurement, the evidence on potential loss of public funds was not settled and required full hearing. The court determined that the risk of members of Parliament being left without medical cover by 1st January 2022 was real and outweighed the speculative risk of loss of public funds at this stage. The court held that the failure to grant conservatory orders would not render the petition nugatory, as the substantive issues would still be determined at the main…

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• Public Procurement
• Conservatory Orders
• Public Funds Management
• Judicial Review
• Constitutional Rights
• Tender Process

Inclusive Agencies (Msa) Limited v Co-operative Bank of Kenya Limited

Inclusive Agencies (Msa) Limited v Co-operative Bank of Kenya Limited [2020] KEHC 2603 (KLR)

Court

High Court

Case number

Civil Suit 14 of 2020

Judge

CA Otieno

The High Court declined to strike out a plaint alleging negligence by a bank in issuing a shorter security bond than required for a tender.

• Striking Out Pleadings
• Banker Customer Relationship
• Breach Of Duty Of Care
• Security Bonds
• Tender Process
• Cause Of Action

Barsogat Investment Ltd v County Government of Vihiga

Barsogat Investment Ltd v County Government of Vihiga [2020] KEHC 4513 (KLR)

Court

High Court

Case number

Constitutional Petition 4 of 2020

Judge

DN Musyoka

The court found that the applicant had established a prima facie case by demonstrating that it was ranked first in the tender process and that the respondent failed to communicate the outcome or reasons for re-advertising the tender, contrary to statutory and constitutional requirements. The respondent's failure to notify the applicant and other participants of the results, as mandated by Section 67 of the Public Procurement and Disposal Act and Article 227 of the Constitution, constituted a violation of fair administrative action and transparency. The court held that the applicant faced real…

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• Public Procurement
• Conservatory Orders
• Fair Administrative Action
• Tender Process
• Right To Information
• Public Participation

Security Products Limited v Gabriel Teo Kian Chong & Tana River Life Foundation

Security Products Limited v Gabriel Teo Kian Chong & Tana River Life Foundation [2020] KEHC 5469 (KLR)

Court

High Court

Case number

Civil Suit 7 of 2014

Judge

DB Nyakundi

The High Court found the defendants unlawfully terminated a phased building contract and awarded the plaintiff Kshs.22,959,541 for proven losses and unpaid sums.

• Breach Of Contract
• Building And Construction Contracts
• Damages Assessment
• Contractual Liability
• Tender Process
• Termination Of Contract

China Civil Engineering Construction Corporation v Capitaland East Africa Ltd; Stanbic Bank Kenya Ltd (Interested Party)

China Civil Engineering Construction Corporation v Capitaland East Africa Ltd; Stanbic Bank Kenya Ltd (Interested Party) [2020] KEHC 5 (KLR)

Court

High Court

Case number

Civil Case 228 of 2019

Judge

DAS Majanja

The High Court cancelled a Kshs. 120 million bid bond after finding the defendant had fraudulently induced the plaintiff into a tender process that was later cancelled.

• Bid Bonds
• Fraudulent Misrepresentation
• Tender Process
• Injunctive Relief
• Contract Nullity
• Bid-bonds