Sciencescope Limited v Accounting Officer, Kenyatta National Hospital & another; Renaissance Health Limited (Interested Party) (Application 155 of 2020) [2021] KEPPARB 23 (KLR) (12 January 2021) (Decision)
- Court
- KEPPARB
- Case number
- 23
- Citation
- [2021] KEPPARB 23 (KLR)
- Decided
- 12 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeProcurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Mr. Ambrose Ogetto, Mr. Jackson Awele, Ms. Rahab Chacha, Eng. Mbiu Kimani, OGW
Holding
The tender is cancelled and set aside, and the tendering process is ordered to be re-instituted with a re-evaluation at the Financial Evaluation Stage.
Facts
Kenyatta National Hospital issued a tender for the Operational Leasing of Laboratory Equipment-Fully Automated Immunology Analyser. Sciencescope Limited submitted a bid, and the tender was evaluated by an Evaluation Committee. The Accounting Officer of the Procuring Entity cancelled the tender and set it aside.
Issues
- The validity of the tender cancellation and set-aside
- Reinstatement and re-evaluation of the tender
Reasoning
The court found that the tender was not properly evaluated and that the tendering process should be restarted.
Outcome
The tender is cancelled and set aside.
Orders
- The tender is cancelled and set aside.
- The tendering process is ordered to be re-instituted with a re-evaluation at the Financial Evaluation Stage.
- The Accounting Officer is ordered to ensure the procurement proceedings proceed to their logical conclusion and issue letters of notification of intention to enter into a contract.
Remedies
- Reinstatement and re-evaluation of the tender
Authorities cited
Legislation (2)
- Act
- Regulations 2020
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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