Republic v Public Procurement Administrative Review Board & another Ex-Parte J Knierem BV [2017] KEHC 9146 (KLR)
- Court
- High Court of Kenya
- Case number
- 9146
- Citation
- [2017] KEHC 9146 (KLR)
- Decided
- 11 August 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a decision of the Public Procurement Administrative Review BoardCoramND
Holding
The court quashed the decision of the Public Procurement Administrative Review Board and directed the Board to hear the parties on the issue of altering the forms and determining whether the interested party's quoted prices were within the funds appropriated.
Facts
The applicant, J Knierem BV, sought orders to quash a decision of the Public Procurement Administrative Review Board regarding two tenders for supply and delivery of motorized vehicle number plate blanks and hot stamping foil.
Issues
- violation of natural justice in the decision-making process
- fairness of the decision-making process
- correctness of the award of tenders
Reasoning
The court found that the decision was made without observing the principles of natural justice, particularly in the lack of notice and fair opportunity for the applicant.
Outcome
The applicant's application was granted.
Orders
- quashing the decision of the Public Procurement Administrative Review Board
- directing the Board to hear the parties on the issue of altering the forms and determining the validity of the tender prices
Remedies
- quashing the decision of the Public Procurement Administrative Review Board
- directing the Board to reconsider the tender prices
Authorities cited
Legislation (1)
- Public Procurement and Asset Disposal Act, No. 33 of 2015
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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