Eneco Limited v Kenya Ports Authority (Miscellaneous Application E021 of 2023) [2023] KEHC 21883 (KLR) (28 August 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 21883
- Citation
- [2023] KEHC 21883 (KLR)
- Decided
- 28 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from an original trialCoramOA SEWE
Holding
The application for leave to apply for orders of mandamus, certiorari, and prohibition is granted, and the procurement proceedings are stayed pending the hearing and determination of the substantive judicial review application.
Facts
Eneco Limited applied for leave to apply for orders of mandamus, certiorari, and prohibition against Kenya Ports Authority (KPA) in relation to procurement proceedings. The procurement was ongoing when the application was filed.
Issues
- Stay of ongoing procurement proceedings pending judicial review
- Application for leave to apply for orders of mandamus, certiorari, and prohibition
Reasoning
The court found that the procurement proceedings should be stayed due to the risk of the contracts being overtaken by the expiry of the tender validity period.
Outcome
The application for leave to apply for orders of mandamus, certiorari, and prohibition is granted.
Orders
- Leave to apply for orders of mandamus, certiorari, and prohibition granted
- Procurement proceedings are stayed pending the hearing and determination of the substantive judicial review application
Remedies
- Stay of procurement proceedings
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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