Republic v Public Procurement Administrative Review Board & 2 others Ex- Parte Akamai Creative Limited [2016] KEHC 6149 (KLR)
- Court
- High Court of Kenya
- Case number
- 6149
- Citation
- [2016] KEHC 6149 (KLR)
- Decided
- 31 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureEx parte application for urgent certification, certiorari, mandamus, and costs
Holding
The court quashed the Board's decision and ordered the Ministry of Defence to reinstate the award to Akamai Creative Limited.
Facts
Akamai Creative Limited applied for urgent certification, certiorari, and mandamus against the Public Procurement and Administrative Review Board's decision to allow Trade Circles Limited to review the tender for the supply of milled rice to the Defence Forces.
Issues
- Fairness of the procurement process
- Compliance with constitutional and statutory requirements
Reasoning
The court found that the Board's decision was flawed due to its interpretation of the tender document and regulations, and that the procurement process was not fair.
Outcome
The court quashed the Board's decision and ordered the Ministry of Defence to reinstate the award to Akamai Creative Limited.
Orders
- Certiorari to remove the Board's decision and quash it
- Mandamus to require the Ministry of Defence to enter into a contract with Akamai Creative Limited
Remedies
- Reinstatement of the award to Akamai Creative Limited
Authorities cited
Legislation (3)
- Law Reform Act
- Civil Procedure Act
- Public Procurement and Disposal Act
Cases cited (5)
- Article 227 of the Constitution
- Section 2 of the Act
- Section 66(2) of the Act
- Regulation 16(10)(f) of the Regulations
- Regulation 8(3)(z) of the Regulations
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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