Sicpa SA v Public Procurement Administrative Review Board & 2 others (Civil Appeal E474 of 2024) [2024] KECA 939 (KLR) (2 August 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 939
- Citation
- [2024] KECA 939 (KLR)
- Decided
- 2 August 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgment in Judicial Review App. No. E101 of 2024CoramJM MATIVO, JUDGE OF APPEAL
Holding
The court upheld the High Court's judgment, finding the clause constitutional and necessary for public procurement.
Facts
The appellant contested a tender clause in a procurement document, arguing it was discriminatory and violated the Constitution and the Public Procurement and Asset Disposal Act (PPAD Act). The High Court held the clause was lawful and necessary for public procurement.
Issues
- Whether the High Court failed to consider material facts and evidence.
- Whether the tender clause was discriminatory.
- Whether the clause offended the PPAD Act.
Reasoning
The court held that the Procuring Entity had the right to customize its bid document and that the clause was aimed at ensuring ethical tenderers. The court also noted that the clause was not discriminatory and was in line with international norms.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act (PPAD Act)
- Constitution 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.
Loading judgment…