Peesam Limited v Public Procurement Administration Review Board & 2 others [2018] KEHC 7658 (KLR)

Facts

The applicant PEESAM LIMITED and interested party MUTURI MAINA T/A SAMJUSH CONTRACTORS AND SUPPLIERS tendered for a tender. The 2nd respondent Kenya Airports Authority awarded the tender to the applicant, but the 1st respondent Public Procurement Administration Review Board overturned the decision. The applicant claims it was not notified of the review and that the 2nd respondent breached its right to fair hearing.

Issues

1. Whether the applicant’s application satisfies the threshold for grant of Judicial Review orders.
2. Whether there was a breach of the applicant’s right to fair hearing.
3. Whether the 2nd respondent breached the applicant’s legitimate expectation.

Reasoning

The court held that the applicant did not demonstrate that the decision was tainted with illegality, irrationality, or procedural impropriety. The 2nd respondent complied with the notification requirements and the applicant did not have a legitimate expectation.

Outcome

Dismissed with costs

Authorities cited