Longjian Road & Bridge Company Limited v Accounting Officer, Kenya National Highways Authority; China Railway Seventh Group Company Limited (Interested Party) (Application 44 of 2020) [2020] KEPPARB 19 (KLR) (14 April 2020) (Decision)
- Court
- KEPPARB
- Case number
- 19
- Citation
- [2020] KEPPARB 19 (KLR)
- Decided
- 14 April 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Arch. Steven Oundo, OGW, Mr. Alfred Keriolale, Ms. Rahab Chacha
Holding
The Board cancelled the award to China Railway Seventh Group Company Limited and directed the Procuring Entity to reinstate the Applicant's bid and conduct a re-evaluation.
Facts
Longjian Road & Bridge Company Limited requested a review against the decision of the Accounting Officer of Kenya National Highways Authority regarding the construction of Mau Mau Road Lot 1B: Kiambu County Section.
Issues
- Cancellation of the award to China Railway Seventh Group Company Limited
- Reinstatement and re-evaluation of the Applicant's bid
Reasoning
The Board found that the subject procurement process had not been for review and thus proceeded to cancel the award and direct the Procuring Entity to re-evaluate the Applicant's bid.
Outcome
The Board granted the orders to cancel the award and reinstate the Applicant's bid.
Orders
- Cancellation of the award to China Railway Seventh Group Company Limited
- Reinstatement and re-evaluation of the Applicant's bid
- Conduct a re-evaluation of the Applicant's bid and other bidders at the Technical Evaluation Stage
- Conclude the procurement process within 14 days
Remedies
- Reinstatement of the Applicant's bid
- Conduct a re-evaluation of the Applicant's bid and other bidders
Authorities cited
Legislation (1)
- Public Procurement and Asset Disposal Act, 2015
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