Republic v Public Procurement Administrative Review Board; Nairobi City County & another (Interested Parties) Ex parte Lordship Africa Limited [2020] KEHC 525 (KLR)

Facts

Lordship Africa Limited filed an application for judicial review of the Public Procurement Administrative Review Board's decision to award a tender to Edermann Properties Limited. The Nairobi City County and Edermann Properties Limited are also parties to the proceedings.

Issues

1. Whether the ex parte Applicant's application for judicial review of the Respondent's decision was time barred under the provisions of section 175(1) of the Public Procurement and Asset Disposal Act.
2. If the application is time barred, whether the court can extend the time within which to file the application for review.

Reasoning

The ex parte Applicant argued that the Respondent failed to provide a copy of the decision within a reasonable period, and that the Constitution should prevail over the statutory provisions. The Respondent countered that the Act provides procedures for effective public procurement and assets disposal, and that the ex parte Applicant filed the application within the statutory time period.

Outcome

The ex parte Applicant's application was not time barred, and the court did not extend the time for filing the application for review.

Authorities cited