Republic v Public Procurement Administrative Review Board & 3 others [2017] KEHC 5144 (KLR)
- Court
- High Court of Kenya
- Case number
- 5144
- Citation
- [2017] KEHC 5144 (KLR)
- Decided
- 19 June 2017
The court held that the PAPRB had the jurisdiction to make the decision and that Nomads Construction Limited was heard before the decision was made. The court also found that the PAPRB took into account relevant matters in making the decision.
Facts
Nomads Construction Limited filed a request for review before the Public Procurement Administrative Review Board (PAPRB) regarding the rejection of its tender for a performance-based road contract. The PAPRB made a decision on January 26, 2017, which Nomads Construction Limited challenged.
Issues
- whether the PAPRB had the jurisdiction to make the decision
- whether Nomads Construction Limited was heard before the decision was made
- whether the PAPRB took into account relevant matters in making the decision
Reasoning
The court applied the principles of judicial review, emphasizing that the purpose of the remedy is to ensure fair treatment by the authority and not to substitute the opinion of the judiciary for that of the authority.
Outcome
Nomads Construction Limited's application for leave for judicial review was dismissed.
Orders
- The order of certiorari removing the decision of the PAPRB was dismissed.
- The order of prohibition to prohibit the PAPRB from acting upon the decision was dismissed.
Remedies
- Nomads Construction Limited was not granted the remedies of certiorari or prohibition.
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Public Procurement Regulations, 2006
Cases cited (2)
- Republic v. Kenya Revenue Authority Ex parte Yaya Towers Limited
- Kenya Pipeline Company Limited v. Hyosung Ebara Company Limited
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