Okoiti & 2 others v Attorney General & 7 others (Civil Appeal 13 & 10 of 2015 (Consolidated)) [2020] KECA 589 (KLR) (19 June 2020) (Judgment)
- Court
- Court of Appeal
- Case number
- 589
- Citation
- [2020] KECA 589 (KLR)
- Decided
- 19 June 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court JudgmentCoramAs Musinga, Lenaola, Mohammed, Mativo, Mureithi, SAcL, Wasilwa
Holding
The appeals are upheld, and the High Court's judgment is set aside. The Kenya Railways Corporation is found to have violated the Constitution and the Public Procurement and Disposal Act in the procurement of the SGR project.
Facts
The appellants filed petitions against the Attorney General and others, challenging the procurement of the Standard Gauge Railway (SGR) project. The project was completed and operational, and the appellants sought declarations and injunctions.
Issues
- Whether the appeal was moot or academic.
- Whether illegally obtained evidence was admissible.
- When a procurement process did not require competitive bidding.
Reasoning
The court found the appeal moot due to the completion and operationalization of the SGR project, and the procurement process was deemed to have violated the Constitution and the Public Procurement and Disposal Act.
Outcome
Appeals succeed.
Orders
- Documents expunged from the record.
- Judgment declaring the procurement violated the Constitution and the Public Procurement and Disposal Act.
- Order for each party to bear their own costs.
Remedies
- Declaration of violation of Constitution and Public Procurement and Disposal Act.
- Order for expungement of documents.
Authorities cited
Legislation (3)
- Public Procurement and Disposal Act, 2005
- Customs and Excise Act
- Finance Act, 2013
Cases cited (4)
- Peters vs. Sunday Post Limited
- Selle and another vs. Associated Motor Boat Company Limited & 2 others
- Daniel Kaminja & 3 others (Suing as Westland Environmental Caretaker Group) vs. County Government of Nairobi
- National Assembly of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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