Riley Falcon Security Services Limited v Maseno University & another [2017] KEHC 3411 (KLR)
- Court
- High Court of Kenya
- Case number
- 3411
- Citation
- [2017] KEHC 3411 (KLR)
- Decided
- 2 October 2017
The extension of the Agreement was for a fixed period of a month and excluded the provision for termination by notice or payment in lieu thereof. The University did not violate the order of Dulu J. restraining it from entering the contract with Bedrock.
Facts
The plaintiff, Riley Falcon Security Services Limited, entered into an agreement with Maseno University for security services. The University later entered into a contract with Bedrock Holdings Limited, which was challenged by Gillys Security and Investigation Services Ltd. The High Court issued an order restraining the University from entering into a contract with Bedrock.
Issues
- Whether the University breached the Agreement by evicting the plaintiff
- Whether the University disobeyed the order issued by Justice Dulu
- Whether the contract between the University and Bedrock was in breach of the Public Procurement and Disposal Act
Reasoning
The court found that the extension of the Agreement was for a fixed term of one month and thus excluded the provision for termination by notice or payment in lieu thereof. The court also ruled that the University did not violate the order of Dulu J. as the plaintiff was not a party to the appeal.
Outcome
Affirmed
Orders
- The plaintiff is entitled to 3 months' fees in lieu of the notice
- The contract between the University and Bedrock was not null and void
Remedies
- 3 months' fees in lieu of the notice
- Remainder of the contract with Bedrock was not null and void
Authorities cited
Legislation (1)
- Public Procurement and Disposal Act, 2005
Cases cited (2)
- Africa Management Communication International Limited v Joseph Mathenge Mugo & Another Milimani HCCC No. 242 of 2013
- Martin Nyaga Wambora & 4 Others v Speaker of the Senate & 6 Others Kerugoya Petition No. 3 of 2014
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