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Case Brief · caselaw.co.ke
Court of AppealDismissedApplication dated 9th October 2024 in Civil Appeal No. E1009 of 2023· [2025] KECA 756 (KLR)

The Managing Director, Kenya Pipeline Limited & 1 other v Public Procurement Administrative Review Board & 2 others

Court of Appeal
9 May 2025
1,470 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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The Court of Appeal confirmed it cannot stay its own final judgment pending a Supreme Court appeal—once judgment is delivered, you must apply to the Supreme Court.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nairobi (S. Gatembu Kairu, F. Tuiyott and P. Nyamweya, JJ.A.) delivered on 9th May 2025 on an application dated 9th October 2024 by Kenya Ports Authority and Sedgwick Kenya Insurance Brokers Limited. The applicants sought a stay of the Court of Appeal's own judgment of 9th February 2024 in Civil Appeal No. E1009 of 2023, which had allowed an appeal by the Public Procurement Administrative Review Board, set aside a High Court judicial review judgment (Chigiti, J.) and reinstated the Board's decision nullifying the award of an insurance brokerage tender to Four M Insurance Brokers Limited. The applicants intended to appeal to the Supreme Court and argued, citing Rule 5(2)(b) of the Court of Appeal Rules, Section 3A of the Civil Procedure Act and authorities including Equity Bank v West Link Mbo and Gatirau Peter Munya, that the Court had inherent power to grant interim relief and that public interest favoured a stay. The Board and Sedgwick opposed, contending that the intended appeal lay to the Supreme Court and that the Court was functus officio. The Court held that Rule 5(2)(b) powers are exercisable only in respect of a pending or intended appeal before it; having delivered final judgment, and having declined review, the Court was functus officio and could not stay its own judgment. Relying on Dickson Muricho Muriuki and Odongo v Clerk, Nakuru County Assembly, it held that the proper forum for such a stay is the Supreme Court, once leave or certification is granted. The application was dismissed with costs to the 1st and 2nd respondents.

Key legal issues

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Jurisdiction of the Court of Appeal to stay its own judgment pending an intended appeal to the Supreme Court

Holding

The Court lacks jurisdiction. Rule 5(2)(b) applies to pending or intended appeals before the Court of Appeal; once final judgment is delivered the Court is functus officio, and the proper forum for stay pending a Supreme Court appeal is the Supreme Court itself, after leave or certification.

Reasoning

The Court relied on Dickson Muricho Muriuki v Timothy Kagondu Muriuki, holding that after final judgment the principle of functus officio prevents the Court of Appeal from reopening the case or granting stay absent statutory authority. It also endorsed Odongo v Clerk, Nakuru County Assembly, where a similar prayer for stay pending a Supreme Court appeal was refused. Guidance was noted that the proper forum is the Supreme Court, and only once leave or certification has been granted.

p. 3

Legal principles established

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  • Once the Court of Appeal has pronounced final judgment it is functus officio and, absent statutory authority, cannot reopen the case or stay its own judgment pending an intended appeal to the Supreme Court; such stay must be sought in the Supreme Court.
  • The powers under Rule 5(2)(b) of the Court of Appeal Rules are exercisable only in the context of a pending or intended appeal before the Court of Appeal itself.

Court orders

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  1. 1.The applicants' application dated 9th October 2024 is dismissed
  2. 2.Costs of the application are awarded to the 1st and 2nd respondents
On appeal from
Court of Appeal (the same court, whose judgment was sought to be stayed)
Civil Appeal No. E1009 of 2023
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules, with Section 3A of the Civil Procedure Act invoked by the applicants

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "The Managing Director, Kenya Pipeline Limited & 1 other v Public Procurement Administrative Review Board & 2 others", Case Analysis (2025). Application dated 9th October 2024 in Civil Appeal No. E1009 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/756/eng@2025-05-09

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