Principal Secretary/Accounting Officer Ministry of Defence & another v Public Procurement Administrative Review Board & another; Ministry of Gender, Culture, the Arts & Heritage (Interested Party) (Civil Appeal 198 of 2025) [2025] KECA 666 (KLR) (11 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 666
- Citation
- [2025] KECA 666 (KLR)
- Decided
- 11 April 2025
The appeal is dismissed with costs to the 2nd respondent only, as the appellants' action was time barred and the decision to strike out the application is sound in law.
Facts
The appellants, Ministry of Defence and its Principal Secretary, sought to challenge the termination of a direct tender for the design, build, and equip of The Bomas International Convention Complex. The tender was awarded to Summa Turizm Yatirimciligi Anonim Sirket, but the contract was not signed, leading to a dispute. The Public Procurement Administrative Review Board (Review Board) annulled the termination and extended the tender validity.
Issues
- Whether the appellants' application for judicial review was time-barred under Section 175 of the Public Procurement and Disposal Act
- Whether the High Court erred in striking out the application
Reasoning
The High Court correctly ruled that the appellants' application was time-barred under Section 175 of the Public Procurement and Disposal Act. The Court of Appeal upheld this ruling.
Outcome
Appeal dismissed
Orders
- The High Court's ruling striking out the application for judicial review is upheld
Authorities cited
Legislation (1)
- Public Procurement and Disposal Act
Cases cited (2)
- Republic vs. Public Procurement Administrative Review Board & Another exparte Teachers Service Commission
- Mokombo Ole Simel & Others vs. County Council of Narok & Others Nairobi HCMA No. 361 of 1994
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