Republic v Public Procurement Administrative Review Board & 3 others; Astonea Construction Limited (Exparte Applicant) (Miscellaneous Civil Application E143 of 2023) [2024] KEHC 14754 (KLR) (Judicial Review) (31 October 2024) (Ruling)

Summary at a glance

Facts

The applicant sought a temporary stay of proceedings and an order for review and set aside the award of costs to the applicants/respondents. The suit was previously heard and judgment delivered on February 14, 2024, awarding costs to the applicants/respondents.

Issues

• Whether the High Court can impose costs on either party under Section 175(7) of the Public Procurement and Asset Disposal Act 2015
• Whether the application for review is timely and justifiable

Reasoning

The court reviewed the Public Procurement and Asset Disposal Act and previous cases to argue that the High Court cannot impose costs on either party when a decision of the Review Board has been quashed.

Outcome

The court set aside the award of costs to the applicants/respondents and reviewed the judgment to read 'with no orders as to costs'.

Orders

• An order for review and setting aside order (c) of the judgment of 14th February, 2024 on award of costs to the Applicants/Respondents is hereby issued.
• The judgment delivered on 14th February, 2024 is hereby reviewed to read, 'with no orders as to costs'.

Remedies

• Set aside the award of costs to the applicants/respondents and review the judgment to read 'with no orders as to costs'.

Authorities cited