Biomed Healthcare Limited v Accounting Officer, Department of Health Services, County Government of Uasin Gishu & another; Medionics Healthcare (Interested Party) (Application 25 of 2021) [2021] KEPPARB 8 (KLR) (9 March 2021) (Decision)
- Court
- KEPPARB
- Case number
- 8
- Citation
- [2021] KEPPARB 8 (KLR)
- Decided
- 9 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAdministrative ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Ms. Njeri Onyango, Dr. Paul Jilani, Mr. Ambrose Ngare, Ms. Rahab Chacha
Holding
The Board cancels and sets aside the letters of notification of award to the successful bidder and all unsuccessful bidders, including the applicant, and orders a re-evaluation of the bids.
Facts
The County Government of Uasin Gishu issued a tender for the Supply and Delivery of Medical Equipment for Mitigation of Covid-19 Pandemic. Biomed Healthcare Limited submitted a bid but was not awarded the contract. Biomed Healthcare Limited filed an application for review.
Issues
- Jurisdiction of the Public Procurement Administrative Review Board
- Fair and Administrative Action under Article 47 of the Constitution of Kenya
Reasoning
The Board determined it has jurisdiction to review the procurement process and found the Procuring Entity violated the applicant's right to fair and administrative action.
Outcome
The successful bidder's award is cancelled, and a re-evaluation of the bids is ordered.
Orders
- Cancellation of the letters of notification of award to the successful bidder and all unsuccessful bidders
- Re-evaluation of the bids at the Financial Evaluation Stage
- Proceed with the subject procurement process within 14 days
Remedies
- Cancellation of the award and re-evaluation of bids
- Proceed with the procurement process within 14 days
Authorities cited
Legislation (1)
- Public Procurement and Asset Disposal Regulations 2006
Cases cited (2)
- The Owners of Motor Vessel 'Lillian S' vs. Caltex Oil Kenya Limited
- Samuel Kamau Macharia and Another vs. Kenya Commercial Bank Ltd and 2 Others
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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