Public v Public Procurement & Disposal Administrative Review Board & 4 others Ex-Parte J. Knieriem BV [2016] KEHC 1256 (KLR)
- Court
- High Court of Kenya
- Case number
- 1256
- Citation
- [2016] KEHC 1256 (KLR)
- Decided
- 2 December 2016
The ex parte applicant's application for leave to commence judicial review proceedings was timely, and the decision of the Public Procurement and Disposal Administrative Review Board is final and binding on the parties.
Facts
The ex parte applicant participated in two tenders for motorized vehicle number plate blanks and hot stamping foil. The Public Procurement and Disposal Administrative Review Board (1st Respondent) annulled the award to Hoffman International GmbH and directed the Ministry of Interior and Coordination of National Government (2nd Respondent) to award the tenders to Tropical Technology Limited and J. Knieriem BV respectively.
Issues
- Whether the ex parte applicant's application for leave to commence judicial review proceedings was timely.
- Whether the decision of the Public Procurement and Disposal Administrative Review Board is final and binding on the parties.
Reasoning
The court found that the ex parte applicant's application was timely because the date of the decision was excluded from the reckoning of time under section 57 of the Interpretation and General Provisions Act, Cap 2. The court also found that the decision of the Public Procurement and Disposal Administrative Review Board is final and binding on the parties.
Outcome
The ex parte applicant's application for leave to commence judicial review proceedings was granted.
Orders
- Order of certiorari to quash the 1st Respondent's decision.
- Order of prohibition restraining the 1st and 2nd Respondents from implementing or enforcing the said decision.
- Order of mandamus compelling the 2nd Respondent to award the tenders to the ex parte applicant.
Remedies
- Quashing of the 1st Respondent's decision.
- Prohibition of the 1st and 2nd Respondents from implementing or enforcing the said decision.
- Compelling the 2nd Respondent to award the tenders to the ex parte applicant.
Authorities cited
Legislation (2)
- Public Procurement and Disposal Act 2015
- Interpretation and General Provisions Act, Cap 2
Cases cited (1)
- Lotta vs. Tanaki [2003] 2 EA 556
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