Republic v Public Procurement Administrative Review Board & 2 others Ex-Parte MFI Document Solutions Ltd [2017] KEHC 536 (KLR)
- Court
- High Court of Kenya
- Case number
- 536
- Citation
- [2017] KEHC 536 (KLR)
- Decided
- 10 October 2017
The court found that the application for leave and the substantive notice of motion were filed within the statutory timelines and that the application was not overtaken by events.
Facts
The exparte applicant filed an application seeking leave to commence judicial review proceedings against the Public Procurement and Administrative Review Board and the Procuring Entity regarding a tender for a full color digital printer. The interested party filed a response, alleging that the application was overtaken by events due to a contract being executed between the interested party and the Procuring Entity.
Issues
- Whether the application for leave and the substantive notice of motion were filed within the statutory timelines
- Whether the application was overtaken by events due to a contract being executed between the interested party and the Procuring Entity
Reasoning
The court determined that the application was not overtaken by events as a contract was not executed between the interested party and the Procuring Entity, and that the application was filed within the statutory timelines.
Outcome
The court granted the exparte applicant's application for leave to commence judicial review proceedings.
Orders
- Granting leave to commence judicial review proceedings
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act
- Fair Administrative Action Act, 2015
Cases cited (1)
- Republic vs Commissioner of Lands exparte Lake Flowers Ltd
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