Migori County Government v INB Management & Consulting Ltd [2021] KEHC 8375 (KLR)
- Court
- High Court of Kenya
- Case number
- 8375
- Citation
- [2021] KEHC 8375 (KLR)
- Decided
- 18 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Public Procurement Administrative Review BoardCoramMabeya, Mrima, Platt
Holding
The appeal is dismissed as the instant appeal is competent and the Board's decision was within the applicable law.
Facts
The County Government of Migori advertised a tender for a revenue collection system. The successful bidder, INB Management & Consulting Ltd, was later cancelled from the tender. The bidder sought review of the decision, which was admitted by the Board. The County Government appealed the Board's decision.
Issues
- Whether the Board erred in admitting and hearing the Review outside the stipulated time of 14 days.
- Whether the Board erred in its decision regarding the cancellation of the tender and the validity of the contract.
Reasoning
The court found that the appeal was competent under the Public Procurement and Asset Disposal Act of 2005, as the procurement proceedings were commenced before the enactment of the 2015 Act. The court dismissed the appeal on the grounds that the Board's decision was within the applicable law.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Public Procurement and Disposal Act of 2005
- Public Procurement and Asset Disposal Act of 2015
Cases cited (3)
- Public Procurement and Disposal Act of 2005
- Public Procurement and Asset Disposal Act of 2015
- Third Schedule of Public Procurement and Asset Disposal Act of 2015
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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