KENYA REVENUE AUTHORITY v DE LA RUE CURRENCY AND SECURITY PRINT LTD & 2 others [2009] KECA 252 (KLR)

Facts

The Kenya Revenue Authority issued an invitation to tender for the printing, supply and delivery of self-adhesive stamps. The 1st respondent, De La Rue Currency and Security Print Ltd, submitted a bid which was unsuccessful. The 1st respondent then filed a Request for Review before the Public Procurement Administrative Review Board, which dismissed the appeal. The 1st respondent subsequently filed a judicial review application in the High Court, seeking to quash the decision and award the tender to the 1st respondent.

Issues

1. whether the 1st respondent was entitled to a 'margin of preference' under the law
2. whether the goods manufactured by the 1st respondent were only for export purposes
3. whether the 1st respondent had suffered 'prejudice' in the evaluation of the tender

Reasoning

The court found the appeal arguable and that the orders sought are not rendered nugatory if granted, as the applicant would still be required to follow the law.

Outcome

The application for stay of execution is dismissed with costs to the 1st respondent.

Authorities cited