REPUBLIC v PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & ANOTHER EXPARTE SELEX SISTEMI INTEGRATI [2008] KEHC 3915 (KLR)
- Court
- High Court of Kenya
- Case number
- 3915
- Citation
- [2008] KEHC 3915 (KLR)
- Decided
- 2 May 2008
The court finds and holds that the ouster provision in section 100(4) of the Public Procurement and Disposal Act cannot take away the right of judicial review.
Facts
The applicant was awarded a tender for the modernization and upgrading of air navigation equipment by the Kenya Civil Aviation Authority. The Public Procurement Administrative Review Board (1st Respondent) ruled against the applicant, citing alleged failures in interpreting sections of the Public Procurement and Disposal Act, 2005.
Issues
- Failure to appreciate the meaning of sections 36(1), (6) and 93(2)(b) of the Public Procurement and Disposal Act
- Failure to take into account guiding principles in interpreting ouster clauses
- Unlawful termination of the tender
- Contravention of principles of natural justice
Reasoning
The court argues that the ouster provision is vague and ambiguous, and cannot prevent judicial review proceedings. The court also criticizes the novel procedure introduced by the Public Procurement and Disposal Act, 2005, for being impractical and potentially leading to miscarriage of justice.
Outcome
Affirmed
Orders
- The preliminary objection is dismissed
- The case is remanded to the Public Procurement Administrative Review Board for further consideration
Authorities cited
Legislation (3)
- Public Procurement and Disposal Act 2005
- Law Reform Act cap 26 section 8 and 9
- Order 53 of the Civil Procedure Rules
Cases cited (2)
- ANISMINIC LTD v FOREIGN COMPENSATION COMMISSION [1969] 2WLR 163
- MUKISA BUSCUITS v WESTEND [1970] EA 469
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