Republic v Public Procurement Administrative Review;Ex-part Applicant: Ashford Kinoti Muriungi;Board,Kenya Broadcastting Corporation & another (Interested Parties) [2020] KEHC 2296 (KLR)
- Court
- High Court of Kenya
- Case number
- 2296
- Citation
- [2020] KEHC 2296 (KLR)
- Decided
- 1 September 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Institute Judicial Review ProceedingsCoramWaki
Holding
The ex parte Applicant is entitled to leave to commence judicial review proceedings against the Respondent.
Facts
The ex parte Applicant, Ashford Kinoti Muriungi, is aggrieved by the decision of the Public Procurement Administrative Board awarding a tender to Joseph Gitonga. The Applicant seeks leave to institute judicial review proceedings.
Issues
- Fundamental error of law in the Respondent's decision
- Vitiation of the ex parte Applicant's pleadings
Reasoning
The Court finds that the ex parte Applicant has met the threshold of an arguable case and is therefore entitled to the leave sought.
Outcome
Leave granted
Orders
- Electronic filing and service of pleadings and documents
- Specific directions for service of pleadings and documents
Remedies
- Removal of impugned decision to this Court for quashing
- Compulsion of Kenya Broadcasting Corporation to award tender to ex parte Applicant
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- R (H). vs Ashworth Special Hospital Authority (2003) 1 WLR 127
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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