Republic v Public Procurement Administrative Review Board;Shenzhen Instrument Co. Limited & another (Interested Party) Ex parte Kenya Power and Lighting Company Limited [2019] KEHC 9870 (KLR)

Facts

The ex parte applicant published a tender for the procurement of Advanced Metering Infrastructure (AMI) system. The first Interested Party filed a Request for Review, which the Respondent upheld.

Issues

1. Whether the decision was tainted by procedural impropriety
2. Whether the first Interested Party lacked the locus standi to file the Request for Review
3. Whether the Request for Review was filed out of time
4. Whether the tender validity period was illegally extended
5. Whether the Respondent violated the ex parte applicant's and the second Interested Party's Right to Legitimate Expectation
6. Whether the second Interested Party raised 'new' issues

Reasoning

The Respondent's decision was not tainted by procedural impropriety and the first Interested Party had the locus standi to file the Request for Review. The ex parte applicant's submissions were considered, and the Respondent acted within its jurisdiction.

Outcome

Appeal dismissed

Authorities cited