Republic v Public Procurement Administrative Review Board Ex parte Kenya Ports Authority Limited & 2 others [2017] KEHC 8930 (KLR)
- Court
- High Court of Kenya
- Case number
- 8930
- Citation
- [2017] KEHC 8930 (KLR)
- Decided
- 28 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for certiorari and order compelling respondent to give reasonsCoramG V ODUNGA
Holding
The court quashed the decision of the Public Procurement Administrative Review Board and ordered it to be removed to the High Court for quashing.
Facts
The applicant, Kenya Ports Authority Limited, sought to quash a decision of the Public Procurement Administrative Review Board regarding a tender. The applicant alleged that the board's decision was based on ambiguous and vague requirements.
Issues
- legality of section 175(3) & (5) of the Public Procurement and Asset Disposals Act 2015
- failure to give reasons for decision
Reasoning
The court held that the failure of the Public Procurement Administrative Review Board to give reasons for its decision violated the fundamental principle of natural justice.
Outcome
The decision of the Public Procurement Administrative Review Board was quashed.
Orders
- removal of the decision to the High Court for quashing
- each party to bear their own costs
Remedies
- quashing of the decision
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposals Act No. 33 of 2015
- Fair Administrative Action Act No. 4 of 2015
Cases cited (1)
- Republic vs. Public Procurement Administrative Review Board & Another Ex Parte Selex Sistemi Integrati [2008] KLR 728
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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