Precision Experts Limited v Public Procurement Administrative Review Board & 3 others (Civil Appeal E301 of 2025) [2025] KECA 976 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 976
- Citation
- [2025] KECA 976 (KLR)
- Decided
- 23 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's decision to quash the proceedings and decision of the Public Procurement Administrative Review BoardCoramSG KAIRU, JAMILA MOHAMMED, A.O. MUCHELULE
Holding
The Court of Appeal dismissed the appeal, finding that the High Court's decision was correct and that the challenge was time-barred.
Facts
The Kenya Bureau of Standards advertised a tender for pre-qualifications for PVOC services. Precision Experts Limited challenged the terms of procurement, and Quality Inspection Services Inc. Japan opposed the challenge. The High Court found the challenge time-barred and dismissed the appeal.
Issues
- Whether the High Court erred in interpreting section 171(1) of the Public Procurement and Asset Disposal Act, 2015
- Whether the High Court erred in finding that the time for the Public Procurement Administrative Review Board to deliver its decision lapsed on March 20, 2025
Reasoning
The Court of Appeal held that the High Court correctly interpreted section 171(1) of the Public Procurement and Asset Disposal Act, 2015 and found that the challenge was time-barred as the application was filed outside the 14-day period stipulated under section 175(1) of the Act.
Outcome
Appeal dismissed
Orders
- The notice of motion seeking stay and the substantive appeal are dismissed with costs to the 2nd, 3rd, and 4th respondents
- Interim orders issued by this Court on 5th May 2025 are vacated
Authorities cited
Legislation (1)
- Public Procurement and Asset Disposal Act, 2015
Cases cited (2)
- Al Ghurair Printing and Publishing LLC v Coalition for Reforms and Democracy & 2 Others [2017] eKLR
- ADK Technologies Limited in Consortium with Computer Technologies Limited v Public Procurement Administrative Review Board & 4 Others [2022] KECA 407 (KLR)
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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