Republic v Public Procurement Administrative Review Board;Ex parte:Madison General Insurance Kenya Limited ;Vice Chancellor, Kenyatta University & another(Interested Parties) [2022] KEHC 1683 (KLR)
- Court
- High Court of Kenya
- Case number
- 1683
- Citation
- [2022] KEHC 1683 (KLR)
- Decided
- 8 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent's decision quashedCoramNGAA Jairus
Holding
The respondent's decision to review the award after the contract was signed was procedurally improper and lacked jurisdiction.
Facts
Kenyatta University tendered for medical insurance cover services. The tender was awarded to the applicant. The 2nd interested party requested for review of the award, but the respondent cancelled the contract after the procurement contract was signed.
Issues
- Respondent's decision to review the award after the contract was signed was procedurally improper.
- Respondent lacked jurisdiction to review the award after the contract was signed.
Reasoning
The respondent misinterpreted section 167(4) of the Public Procurement and Asset Disposal Act, 2015, which deprived it of jurisdiction to determine a request for review after a procurement contract was signed.
Outcome
The respondent's decision is quashed.
Orders
- An order of certiorari to quash the decision of the Public Procurement Administrative Review Board in Review Application No. 155/2021 in regard to TENDER NO. KU/TNDR/S/015/PM/C/2021-2022 for provision of medical insurance cover services inpatient and outpatient cover.
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Fair Administrative Actions Act, 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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