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Republic v Chief Registrar of the Judiciary & 2 others Ex parte Riley Services Limited [2015] KEHC 6833 (KLR)

[2015] KEHC 6833 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6833
Citation
[2015] KEHC 6833 (KLR)
Decided
23 January 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of judicial review
Holding

The court granted leave to file the application but directed that the prayer on whether the orders should operate as a stay be argued inter partes.

Facts

Riley Services Limited, a security services provider, tendered for security services to the judiciary. The Chief Registrar of the Judiciary awarded the contract to other companies, and Riley Services Limited filed a request for review with the Public Procurement Administrative Review Board. The 1st interested party filed a preliminary objection challenging the court's jurisdiction.

Issues

  1. Whether the court has jurisdiction to entertain the ex parte application
  2. Whether the court can grant orders as a stay pending the review application

Reasoning

The court ruled that the application is not premature and that the court has jurisdiction to entertain the ex parte application under the Public Procurement and Disposal Act.

Outcome

The court granted leave to file the application but directed that the prayer on whether the orders should operate as a stay be argued inter partes.

Orders

  • To grant leave to file the application for orders of judicial review
  • To direct that the prayer on whether the orders should operate as a stay be argued inter partes

Remedies

  • Award of costs of and or incidental hereof

Authorities cited

Legislation (2)
  • Public Procurement and Disposal Act
  • Civil Procedure Act
Cases cited (3)
  • Republic v Ministry of Interior and Coordination of National Government Ex-parte ZTE Corporation and Another Judicial Review Case No 441 of 2013
  • Republic v Chairman, Emuhaya Land Disputes Tribunal and Another Ex parte Alfred Esitiba Ebita Judicial Review Case No 53 of 2010
  • Republic v Central Bank of Kenya ex parte Horsebridge Network Systems EA limited Judicial Review Case No 87 of 2014
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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