Muvanya v Jubilee Insurance Company Limited (Civil Appeal 225 of 2018) [2022] KECA 146 (KLR) (18 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 146
- Citation
- [2022] KECA 146 (KLR)
- Decided
- 18 February 2022
The Court held that the appellant was an agent of the respondent and was involved in the acquisition of business from KEBS through the tender. However, the Court found that the appellant was not entitled to the commission as the Public Procurement & Disposal Act had changed the role of agents in procurement involving public entities.
Facts
The appellant, Muvanya, claimed to be an appointed insurance agent of the respondent, Jubilee Insurance Company Limited, responsible for bringing business to the respondent from the Kenya Bureau of Standards (KEBS) through Tender No. KEBS/T090/2014/2015. The tender was for the provision of medical insurance cover to the employees of KEBS. The appellant alleged she was entitled to a 10% commission of the total value of the tender, which the respondent had declined.
Issues
- Whether the appellant was an agent of the respondent with respect to Tender No. KEBS/T090/2014/2015
- Whether the appellant is entitled to the payment of the commission as sought
Reasoning
The Court acknowledged the appellant's involvement in the tender process but ruled that the Public Procurement & Disposal Act, enacted in 2005, had altered the role of agents in public procurement, thus removing their role in tender processes involving public entities.
Outcome
The appeal was dismissed, and the judgment of the High Court was upheld.
Authorities cited
Legislation (1)
- Public Procurement & Disposal Act
Cases cited (2)
- Royal Court Hotel Limited v Minister for Labour & another [2018] eKLR
- Selle & Another v. Associated Motor Boat Co. Ltd. [1968] EA 123
Loading judgment…