Kiu Construction Limted v Accounting Officer, Kenya National Highways Authority & another (Application 160 of 2020) [2021] KEPPARB 18 (KLR) (18 January 2021) (Decision)
- Court
- KEPPARB
- Case number
- 18
- Citation
- [2021] KEPPARB 18 (KLR)
- Decided
- 18 January 2021
The Board cancels and sets aside the Accounting Officer's letters of notification and orders the re-evaluation of the bids at the Preliminary Evaluation stage.
Facts
Kiu Construction Limited filed a request for review against the decision of the Accounting Officer of Kenya National Highways Authority regarding Tender No. KENHA/R4/244/2020 for the Maintenance of Subukia-Nyahururu (B21) Road. The tender was unsuccessful, and Kiu Construction Limited was awarded the contract.
Issues
- Whether the Board has jurisdiction to entertain the Request for Review
- Whether the Procuring Entity evaluated the Applicant’s bid at the Preliminary Evaluation Stage
Reasoning
The Board determined that the Request for Review was filed within the statutory period and that the Procuring Entity did not evaluate the Applicant's bid at the Preliminary Evaluation Stage.
Outcome
The Board cancels and sets aside the letters of notification and orders the re-evaluation of the bids.
Orders
- Cancellation and setting aside of the Accounting Officer's letters of notification
- Reinstatement of the Applicant's bid and re-evaluation at the Preliminary Evaluation stage
- Procurement proceedings to proceed to their logical conclusion within 14 days
- Each party to bear their own costs
Remedies
- Cancellation and setting aside of the Accounting Officer's letters of notification
- Reinstatement of the Applicant's bid and re-evaluation at the Preliminary Evaluation stage
- Procurement proceedings to proceed to their logical conclusion within 14 days
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Regulations, 2020
- Public Procurement Act
Cases cited (3)
- The Owners of Motor Vessel 'Lillian S' v. Caltex Oil Kenya Limited
- Kakuta Maimai Hamisi v. Peris Pesi Tobiko
- Anisminic vs Foreign Compensation Commission
Loading judgment…