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Court of AppealDismissedCivil Application No. E921 of 2024 (Rule 5(2)(b) application)· [2025] KECA 875 (KLR)

Ole Kina Ledama v Narok County Government

Court of Appeal
23 May 2025
2,032 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a single-judgment decision of a three-judge bench of the Court of Appeal in Nairobi, delivered on 23rd May 2025, dismissing a Rule 5(2)(b) application by Honourable Ledama Ole Kina for a stay of the procurement process for Tender No. NCG/OT/31/2023-2024 pending Appeal No. E921 of 2024. The appeal challenges High Court Constitutional Petition No. E512 of 2023, in which Justice E. C Mwita dismissed on 27th September 2024 a public-interest petition alleging violations of Articles 3 and 258 of the Constitution in the county's revenue-collection tender process. The applicant argued the appeal was arguable (raising interpretation of Articles 201(d), 227(1) and 232(1)) and that the appeal would be rendered nugatory if the county concluded the procurement while existing contracts with KAPS, the Mara Conservancy and Webtribe (JamboPay) subsisted. The respondent countered that the tender concerned distinct revenue streams and was in the public interest. Critically, the court raised suo moto whether a tender designated for the 2023-2024 financial year could lawfully be awarded in 2025; counsel tentatively conceded it could not, given Sections 53 and 54 of the Public Procurement and Asset Disposal Act. Holding that the tender had likely lapsed and the feared threat was speculative, the court found the nugatory limb unmet and dismissed the application, with costs to the applicant. The appeal itself remains pending.

Key legal issues

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Whether the applicant satisfied the twin principles for a stay pending appeal under Rule 5(2)(b)

Holding

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.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The applicant's application dated 21st November 2024 is dismissed
  2. 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

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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, "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.