Republic v Public Procurement Administrative Review Board Ex parte Fahimyasin Company Ltd; Kenya Urban Roads Authority & another (Interested Parties) [2021] KEHC 6257 (KLR)
- Court
- High Court of Kenya
- Case number
- 6257
- Citation
- [2021] KEHC 6257 (KLR)
- Decided
- 12 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Institute Judicial Review ProceedingsCoramWaki
Holding
The ex parte Applicant is entitled to the leave sought to commence judicial review proceedings against the Respondents.
Facts
The ex parte Applicant, Fahimyasin Company Ltd, is aggrieved by the decision of the Public Procurement Administrative Review Board regarding a tender for labour-based works in Nakuru Town. The Respondent's decision was challenged due to the procurement entity's need to proceed with the tender.
Issues
- Whether the ex parte Applicant has demonstrated an arguable case for leave to commence judicial review proceedings.
- Whether the grant of leave can operate as a stay of the impugned report.
Reasoning
The Court found that the ex parte Applicant has met the threshold of an arguable case and is therefore entitled to the leave sought. The grant of leave is discretionary but the Court should exercise such discretion judiciously.
Outcome
Leave granted to commence judicial review proceedings
Orders
- Plea to be heard on the basis of electronic copies of pleadings and written submissions.
- Pleadings and documents to be filed electronically and served by personal service and electronic mail.
- Affidavits evidencing service to be filed in the Judiciary's e-filing system.
- Virtual hearing scheduled for 7th June 2021 at 3:00pm.
- Directions to be sent to the ex parte Applicant by electronic mail by close of business on Thursday, 13th May 2021.
Remedies
- Stay of the impugned report if the action or decision is yet to be implemented.
Authorities cited
Cases cited (8)
- Order 53 Rule 1 of the Civil Procedure Rules
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- Sharma vs Brown Antoine (2007) I WLR 780
- R (H) vs Ashworth Special Hospital Authority (2003) 1 WLR 127
- Taib A. Taib vs. The Minister for Local Government & Others Mombasa HCMISCA. No. 158 of 2006
- Jared Benson Kangwana vs. Attorney General, Nairobi HCCC No. 446 of 1995
- Republic vs Cabinet Secretary for Transport & Infrastructure & 4 Others ex parte Kenya Country Bus Owners Association and 8 Others (2014) e KLR
- James Opiyo Wandayi vs Kenya National Assembly & 2 Others, (2016) eKLR
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.
Loading judgment…