Republic v Administrative Review Board Public Procurement & 2 others Exparte Hoggers Limited [2015] KEHC 4968 (KLR)
- Court
- High Court of Kenya
- Case number
- 4968
- Citation
- [2015] KEHC 4968 (KLR)
- Decided
- 18 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari and mandamusCoramOmolo
Holding
The court dismissed the application, finding that the supplementary grounds were not new and did not introduce new causes of action.
Facts
Hoggers Limited submitted a tender for a fast food outlet at Jomo Kenyatta International Airport, Nairobi. The Public Procurement Administrative Review Board (PAB) awarded the tender to Suzan General Trading JLT. Hoggers Limited challenged the PAB's decision.
Issues
- Judicial review of the PAB's decision
- Admissibility of supplementary grounds for review
Reasoning
The court held that the remedy of judicial review is concerned with the decision-making process, not the merits of the decision. The court found that the supplementary grounds were not new and did not introduce new causes of action.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Public Procurement and Asset Recovery Act Cap 26 of the Laws of Kenya
- Law Reform Act Cap 26 of the Laws of Kenya
Cases cited (2)
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
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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