Cecil James Oyugi v Public Procurement Administrative Review Board & another [2017] KEHC 8790 (KLR)
- Court
- High Court of Kenya
- Case number
- 8790
- Citation
- [2017] KEHC 8790 (KLR)
- Decided
- 27 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPosturePetition for CertiorariCoramG V ODUNGA, CA Mwangi
Holding
The Court quashes the decision of the 1st Respondent to award the tender and orders the 1st Respondent to restart the tender process.
Facts
The Petitioner Cecil James Oyugi challenged the decision of the Public Procurement Administrative Review Board to award a tender to Al Ghurair Print and Publishing Company Limited for the supply and delivery of ballot papers for elections.
Issues
- Validity of the tender process
- Constitutional compliance of the tender process
- Responsibility of the Independent Electoral and Boundaries Commission (IEBC)
Reasoning
The Court found the tender process to be a sham and conducted with casualness, leading to a lack of diligence and a failure to appreciate the gravity of the matter.
Outcome
Petition dismissed
Orders
- Certiorari removing the decision to award the tender into this Court for quashing
- Order for the 1st Respondent to restart the tender process
Remedies
- Quashing of the decision to award the tender
- Restart of the tender process
Authorities cited
Legislation (4)
- Constitution of the Republic of Kenya, 2010
- Public Procurement and Asset Disposal Act, 2015
- Public Procurement and Disposal Regulations, 2006
- Public Procurement and Disposal (Amendment) Regulations, 2013
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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