Republic v Public Procurement Administrative Review Board & 2 others [2015] KEHC 7239 (KLR)
- Court
- High Court of Kenya
- Case number
- 7239
- Citation
- [2015] KEHC 7239 (KLR)
- Decided
- 30 April 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Application for Certiorari, Mandamus, ProhibitionCoramW. KORIR
Holding
The Board's ruling is quashed, and CEMESTEA is directed to perform the contract with Apex Security Services.
Facts
Apex Security Services applied for orders to quash and suspend a Public Procurement Oversight Authority ruling, compel CEMESTEA to perform a contract, and prohibit certain actions related to the tender for security services.
Issues
- Whether the Procuring Entity awarded the tender outside the valid period
- Whether the applicant was properly notified of its unsuccessful tender
Reasoning
The Board had no jurisdiction to hear the matter as it was filed out of time, and the award was therefore invalid.
Outcome
The Board's ruling is quashed, and CEMESTEA is directed to perform the contract.
Orders
- Quash the Board's ruling
- Direct CEMESTEA to perform the contract
Remedies
- Quash the Board's ruling
- Direct CEMESTEA to perform the contract
Authorities cited
Legislation (1)
- Public Procurement and Disposal Act (2005)
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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