Ole Kina Ledama v Narok County Government
The bottom line
#Kenya's Court of Appeal refused to freeze a Narok tender because a 2023-2024 financial-year tender legally cannot be awarded in 2025.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the twin principles for a stay pending appeal under Rule 5(2)(b)
Although the appeal was arguable, the nugatory limb failed because the 2023-2024 financial-year tender could not lawfully be awarded in 2025, so the stay was unnecessary and inefficacious.
The court acknowledged significant constitutional questions but held that the nugatory aspect was weakened by the emerging legal context. The court's suo moto question on whether a 2023-2024 tender could be awarded in 2025 went to the substratum of the application. Counsel's concessions aligned with the court's prima facie view that awarding a time-bound tender outside its financial year would violate Sections 53 and 54 of the PPADA, rendering the feared completion of procurement speculative.
Legal principles established
#- A time-bound tender designated for a specific financial year may not lawfully be awarded after the lapse of that financial year, since awarding it outside the year would violate Section 54(1) of the Public Procurement and Asset Disposal Act
- An applicant under Rule 5(2)(b) must satisfy both twin principles - an arguable appeal and that the appeal would be rendered nugatory without a stay - and the nugatory test depends on whether what is sought to be stayed is reversible
- In assessing nugatory-ness, the court takes account of the current factual and legal context, including supervening events that remove the threat the stay would avert
Court orders
#- 1.The applicant's application dated 21st November 2024 is dismissed
- 2.Costs of the application shall be borne by the applicant
- On appeal from
- High Court
- Constitutional Petition No. E512 of 2023
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ole Kina Ledama v Narok County Government", Case Analysis (2025). Civil Application No. E921 of 2024 (Rule 5(2)(b) application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/875/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.