Joint Venture of Lex Oilfield Solutions Ltd & CFAO Kenya Ltd v Public Procurement Administrative Review Board & 4 others (Civil Appeal 022 of 2022) [2022] KECA 424 (KLR) (4 March 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 424
- Citation
- [2022] KECA 424 (KLR)
- Decided
- 4 March 2022
The High Court's decision was a nullity as it was rendered outside the time prescribed in section 175 of the Public Procurement and Administrative Review Act.
Facts
The Joint Venture of Lex Oilfield Solutions Ltd and CFAO Kenya Ltd was an unsuccessful bidder in a tender for the improvement of circulation water system at Olkaria II Power Station and compaction grouting. The Public Procurement Administrative Review Board (PPARB) struck out the request for review on the basis that CFAO had disowned the request for review.
Issues
- whether the High Court had jurisdiction to continue to hear the appellant's application after 45 days from when it was filed
- whether the High Court's decision was a nullity
Reasoning
The Court addressed the issue at length in the Aprim case, concluding that a decision of the High Court rendered outside the time prescribed in section 175(3) of the Public Procurement and Administrative Review Act is a nullity.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Public Procurement and Administrative Review Act
Cases cited (1)
- Aprim case
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