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Court of AppealDismissedCivil Appeal E513 of 2021· [2021] KECA 86 (KLR)

Veronica Ngina Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) (Civil Appeal E513 of 2021) [2021] KECA 86 (KLR)

Court of Appeal
18 October 2021
HOHannah OkwenguKLK. I. LaibutaFSF. Sichale
448 words in judgment
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The bottom line

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Kenya's Court of Appeal dismissed a procurement appeal, confirming it must deliver judgments within 45 days as the law strictly requires.

What this practically means

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Executive summary

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The Court of Appeal at Nairobi (Okwengu, Laibuta and Sichale, JJA) delivered a summary judgment dismissing the appellant's appeal from a ruling of the High Court (Jairus Ngaah, J.) delivered on 27 August 2021 in Milimani High Court Judicial Review Case No. E091 of 2021, a matter concerning public procurement review. The appeal was heard on a virtual platform, with the appellant represented by Mr. Wilfred Lusi and the respondents by Mr. Maina Wanjohi. Having heard counsel and considered the statutory timelines prescribed under section 175(4) of the Public Procurement and Asset Disposal Act, 2015, and the effect of subsection (5), the Court noted that it is mandated to render judgment within 45 days from the date of appeal, with that deadline expiring on 22 October 2021. With the consent of the parties, the Court rendered its judgment in summary form: the appeal was dismissed with costs to the respondents, the Ruling and Order of the High Court were upheld, and the Court reserved its reasons pursuant to Rule 32(5) of the Court of Appeal Rules, undertaking to deliver them on 21 January 2022. Because reasons were reserved, this order judgment contains the disposition and the statutory timeline analysis but not the full reasoning underlying the dismissal.

Key legal issues

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01

Compliance with statutory timelines for determining procurement appeals

Holding

The Court noted the mandatory 45-day timeline under section 175(4) and delivered a summary judgment with consent of the parties to avoid the statutory consequence under subsection (5) falling due on 22 October 2021.

Reasoning

Section 175(4) of the Public Procurement and Asset Disposal Act, 2015 obliges the Court of Appeal to render judgment within 45 days of the date of appeal, and subsection (5) prescribes the effect of non-compliance, which would follow on 22 October 2021. To comply with the statute, and with the parties' consent, the Court rendered its judgment in summary form and reserved its full reasons under Rule 32(5) of the Court of Appeal Rules. The appeal was dismissed and the High Court ruling upheld.

p. 2

Legal principles established

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  • Under section 175(4) of the Public Procurement and Asset Disposal Act, 2015, the Court of Appeal must render judgment in procurement appeals within 45 days from the date of appeal, failing which the consequence in subsection (5) ensues.

Court orders

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  1. 1.The appellant's appeal dismissed with costs to the respondents
  2. 2.The Ruling and Order of the High Court (Jairus Ngaah, J.) dated 27 August 2021 upheld
  3. 3.Reasons for the judgment reserved pursuant to Rule 32(5) of the Court of Appeal Rules
  4. 4.Reasons to be delivered on 21 January 2022

Authorities

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Legislation

  • Public Procurement and Asset Disposal Act, 2015section 175(4)
  • Public Procurement and Asset Disposal Act, 2015section 175(5)
  • Court of Appeal RulesRule 32(5)
On appeal from
High Court of Kenya at Nairobi
Milimani High Court Judicial Review Case No. E091 of 2021
Jurisdiction invoked
Section 175(4) of the Public Procurement and Asset Disposal Act, 2015

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Veronica Ngina Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) (Civil Appeal E513 of 2021) [2021] KECA 86 (KLR)", Case Analysis (2021). Civil Appeal E513 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/86/eng@2021-10-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.