Republic v Public Procurement Administrative Review Board Ex-Parte Geothermal Development Company Limited & another [2017] KEHC 2939 (KLR)

Facts

Geothermal Development Company Limited and Netfast Communications Limited applied for judicial review of the Public Procurement Administrative Review Board's decision to award a tender to M/S Lex Oilfield Solutions Limited. The applicants argued that the board had no jurisdiction to entertain the request for review due to the provisions of the Public Procurement and Asset Disposal Act.

Issues

1. Whether the Respondent had jurisdiction to entertain the request for review.
2. Whether the Respondent's decision was in accordance with the Public Procurement and Asset Disposal Act.

Reasoning

The court held that the Respondent's decision was not in accordance with the Public Procurement and Asset Disposal Act due to the provisions in section 4(2)(f) which excludes procurements under bilateral or multilateral agreements between the Government of Kenya and any other foreign government, agency, entity or multilateral agency unless as otherwise prescribed in the Regulations. The court also considered the constitutional provision that public procurement must be fair, equitable, transparent, competitive and cost-effective.

Outcome

The Respondent's decision is quashed.

Authorities cited