Republic v Public Procurement Administrative Review Board Ex parte Athi Water Services Board & 2 others [2017] [2017] KEHC 8297 (KLR)
- Court
- High Court of Kenya
- Case number
- 8297
- Citation
- [2017] KEHC 8297 (KLR)
- Decided
- 9 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a decision of the Public Procurement Administrative Review BoardCoramG V Odunga
Holding
The applicants' applications are merited, and the decision of the Public Procurement Administrative Review Board is quashed.
Facts
The Public Procurement Administrative Review Board (PAB) declared the tender of Magic General Contractors Limited (MGL) successful for the rehabilitation of water supply and sewerage for Oloitoktok Town Project. The applicants, Athi Water Services Board and Machiri Limited, challenged the decision.
Issues
- Interpretation of the Respondent's decision
- Substantial responsiveness of the tender
Reasoning
The Board's decision to declare the tender unsuccessful at the technical evaluation stage was based on a misinterpretation of the regulations, and the applicants' arguments were supported.
Outcome
The decision of the Public Procurement Administrative Review Board is quashed.
Orders
- Decision removed to this Honourable Court for purposes of being quashed
- 1st Applicant to issue a letter of award and complete the procurement within 14 days
- Interested Party's tender to be subject to financial evaluation alongside three other bidders
Remedies
- Quashing of the decision
Authorities cited
Legislation (2)
- Public Procurement and Disposal Act
- 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.
Loading judgment…