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Republic v Public Procurement Administrative Review Board & another Ex-parte Copy Cat Limited [2017] KEHC 4134 (KLR)

[2017] KEHC 4134 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4134
Citation
[2017] KEHC 4134 (KLR)
Decided
31 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Application for Certiorari and Mandamus
Holding

The court quashed the Ministry's decision and ordered the Ministry to award the tender to Copy Cat.

Facts

The applicant, Copy Cat Limited, submitted a bid for a tender for the supply of fireproof cabinets and shredders. The Ministry of Transport, Infrastructure, Housing and Urban Development rejected the bid on the grounds that Copy Cat did not submit the original and copy of the tender document.

Issues

  1. The validity of the Ministry's decision to reject the bid
  2. The adequacy of the procedures followed by the Ministry in the tender process

Reasoning

The court held that the Ministry's decision was not procedurally valid as it did not follow the procedures set out in the tender documents.

Outcome

The court quashed the Ministry's decision and ordered the Ministry to award the tender to Copy Cat.

Orders

  • Quashing of the Ministry's decision
  • Order for the Ministry to award the tender to Copy Cat

Remedies

  • Award of the tender to Copy Cat

Authorities cited

Legislation (1)
  • Public Procurement and Asset Disposal Act
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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