Republic v Public Procurement Administrative Review Board & another Ex-Parte Teachers Service Commission [2015] KEHC 7674 (KLR)
- Court
- High Court of Kenya
- Case number
- 7674
- Citation
- [2015] KEHC 7674 (KLR)
- Decided
- 29 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application seeking orders of certiorari and declarationCoramKorir, Musinga, Nyamu, Nyarangi, Waki
Holding
The application is dismissed as the time limit for judicial review proceedings has expired.
Facts
The Teachers Service Commission (TSC) seeks to challenge the decision of the Public Procurement Administrative Review Board (PPARB) awarding a tender to Zacs Construction Company Limited for painting services of TSC House.
Issues
- Decision of PPARB is ultra vires the Constitution and statutory provisions
- Decision of PPARB is unreasonable
- Decision of PPARB is in excess of jurisdiction
Reasoning
The court found that the application was time-barred under section 100(1) of the Public Procurement and Disposal Act, and section 9(3) of the Law Reform Act. The court also noted that the decision in Republic vs. Public Procurement Review Administrative Board & Another ex parte Selex Sistemi Integrati is distinguishable.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Public Procurement and Disposal Act
- Law Reform Act
- Constitution (2010)
Cases cited (3)
- Pashito Holdings Ltd & Another vs. Paul Ndung'u & Others (supra)
- Republic vs. Public Procurement Review Administrative Board & Another ex parte Selex Sistemi Integrati (supra)
- Raila Odinga & 6 Others vs. Nairobi City Council Nairobi HCCC No. 899 of 1993; [1990-1994] EA 482
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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