Republic v Public Procurement Administrative Review Board; Rentco Africa Limited (Interested Party); Accounting Officer-Kenya Electricity Transmission Company Limited & another (Ex parte Applicants) (Judicial Review Application E153 of 2024) [2024] KEHC 16481 (KLR) (Judicial Review) (27 December 2024) (Judgment)

Facts

The Republic filed an application seeking to quash a decision by the Public Procurement Administrative Review Board (PPARB) extending the validity period of a procurement contract. The PARB ordered the Republic to execute the contract within 120 days.

Issues

1. Whether the Respondent acted beyond its powers, in an unlawful, irrational, or capricious manner by compelling the Applicants to execute the procurement contract within the extended validity period.
2. Whether the Respondent’s decision to extend the validity period conflicted with or overruled the consent agreement between the Applicants and the Interested Party regarding the procurement process.

Reasoning

The Court ruled that the Respondent had the authority to extend the validity period under Section 173 of the Public Procurement and Asset Disposal Act, and the decision was made in the public interest to ensure the timely completion of the procurement process.

Outcome

The application was dismissed with costs.

Authorities cited