Gardens and Weddings Centre Ltd v Accounting Officer, Kenyatta National Hospital & another; Kamtix Cleaners Co Limited (Interested Party) (Application 124 of 2020) [2020] KEPPARB 15 (KLR) (21 September 2020) (Decision)
- Court
- KEPPARB
- Case number
- 15
- Citation
- [2020] KEPPARB 15 (KLR)
- Decided
- 21 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement Administrative ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Mr. Ambrose Ogetto, Ms. Rahab Chacha
Holding
The Board cancels the award and directs the Procuring Entity to conduct due diligence and proceed with the procurement process.
Facts
Kenyatta National Hospital advertised a tender for gardening services, received 13 bids, and awarded the contract to Kamtix Cleaners Co Ltd. Gardens and Weddings Centre Ltd challenged the award.
Issues
- Jurisdiction of the Board
- Clear and quantifiable evaluation criteria
- Compliance with Section 83 of the Act
Reasoning
The Board found the Procuring Entity failed to provide clear and quantifiable evaluation criteria and violated Section 83 of the Act.
Outcome
The award is set aside and the procurement process is directed to proceed.
Orders
- Cancellation of the award
- Due diligence on the Interested Party's tender
- Procurement process to proceed within 7 days
- Each party to bear their own costs
Remedies
- Cancellation of award
- Due diligence on tenderer
Authorities cited
Legislation (1)
- Public Procurement Act
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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