Republic v Public Procurement Administrative Review Board; Kenya Medical Supplies Authority (KEMSA) (Interested Party) Ex parte Emcure Pharmaceuticals Limited [2019] KEHC 2976 (KLR)
- Court
- High Court of Kenya
- Case number
- 2976
- Citation
- [2019] KEHC 2976 (KLR)
- Decided
- 4 November 2019
The court found that the impugned decision was not irrational and unreasonable, and that the Interested Party did not breach the law by executing the contract before the expiry of 14 days.
Facts
The applicant sought to challenge the decision of the Public Procurement Administrative Review Board (Respondent) to retain the applicant for the year 2019. The Respondent had not released the retention certificate by the closing date for the submission of bids. The applicant argued that the decision was irrational and unreasonable.
Issues
- Whether the impugned decision is irrational and unreasonable.
- Whether the Interested Party breached the law by executing a contract before the expiry of 14 days.
Reasoning
The court ruled that the decision was not irrational and unreasonable, and that the Interested Party did not breach the law by executing the contract before the expiry of 14 days. The court also noted that the contract beneficiary was not a party to the case.
Outcome
Affirmed the decision of the Public Procurement Administrative Review Board
Orders
- The ex parte applicant should not change the substance of the tender.
- Ex parte applicant’s further Affidavit
Authorities cited
Legislation (3)
- Public Procurement and Disposal Regulations 2006
- Law Reform Act
- Fair Administrative Action Act
Cases cited (3)
- Prabodh Verma vs. State of U.P.
- Tridip Kumar Dingal vs. State of W.B.
- Canara Bank vs. Debasis Das
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