Republic v Public Procurement Administrative Review Board Ex-Parte Syner- Chemie Limited & 3 others [2016] KEHC 1107 (KLR)

Facts

The applicant, Kenya Medical Supplies Authority, seeks an order to stay the procurement process of a tender for surgical tubes and cannulas. The applicant claims dissatisfaction with an earlier court order and has filed an appeal. The contract between the applicant and the 2nd interested party was signed before the application for judicial review.

Issues

1. Whether the filing of judicial review proceedings within 14 days of the respondent's decision constitutes an automatic stay.
2. Whether the applicant could enter into a contract with the 2nd interested party before the 14-day period expired, given the statutory stay on the respondent's decision.

Reasoning

The court interprets Section 100 of the repealed Act and Section 175(1) of the current Public Procurement and Asset Disposal Act 2015 to mean that the Board's decision is to be kept in abeyance until the court makes its final decision. The applicant's contract with the 2nd interested party was signed before the statutory 14-day period expired, which is contrary to the statutory provisions meant to protect aggrieved parties.

Outcome

Application for stay dismissed.

Authorities cited