Consortium of Rentco Africa Limited and Spenomatic Limited v Accounting Officer, Moi Teaching and Referral Hospital (Application 140 of 2020) [2020] KEPPARB 10 (KLR) (10 December 2020) (Decision)
- Court
- KEPPARB
- Case number
- 10
- Citation
- [2020] KEPPARB 10 (KLR)
- Decided
- 10 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Mr. Alfred Keriolale, Arch. Steven Oundo, OGW
Holding
The Procuring Entity’s termination of the procurement proceedings is nullified, and the procurement process is directed to be resumed.
Facts
The Procuring Entity terminated the subject tender, and the Applicant challenged the decision, alleging that the termination was not in accordance with the Act.
Issues
- Whether the Procuring Entity terminated the subject tender in accordance with section 63 of the Act, thus ousting the jurisdiction of this Board.
- What are the appropriate orders to issue in the circumstances?
Reasoning
The Board found that the Procuring Entity’s termination was not in accordance with the Act, and thus the Board’s jurisdiction was not ousted.
Outcome
The Procuring Entity’s termination of the procurement proceedings is nullified.
Orders
- Procuring Entity terminating the procurement proceedings be and is hereby nullified.
- Letter of Notification of Unsuccessful bid be and is hereby cancelled and set aside.
- Preliminary Re-evaluation Findings be and are hereby expunged.
- Accounting Officer to proceed with procurement process within 14 days.
- Accounting Officer to bear costs of Kshs. 305,000/-
Remedies
- Procurement process to be resumed.
- Accounting Officer to bear costs of Kshs. 305,000/-
Authorities cited
Legislation (2)
- Public Procurement Act
- Judicial Review Act
Cases cited (3)
- Civil Appeal No. 40 of 2014
- The Owners of Motor Vessel “Lillian S” vs. Caltex Oil Kenya Limited (1989) KLR 1
- Samuel Kamau Macharia and Another vs. Kenya Commercial Bank Ltd and 2 Others, Civil Application No. 2 of 2011
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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