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Court of AppealAllowedCivil Appeal E317 of 2026
Sintecnica Engineering SRL & another v Accounting Officer, Kenya Ellectricity Generating Company PLC (KENGEN) & 4 others (Civil Appeal E317 of 2026) (29 May 2026) (Decision) [2026] KECA 1019 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal overturned a High Court ruling that had favoured a bidder challenging a KENGEN procurement, dismissing the judicial review case.
What this practically means
#Executive summary
#This is a short decision of the Court of Appeal at Nairobi (Kiage, Mohammed and ole Kantai, JJA) delivered on 29 May 2026 in Civil Appeal E317 of 2026, an appeal by Sintecnica Engineering SRL and a joint venture with Steam SRL against the judgment of Aburili, J. of 9 April 2026 in Judicial Review Application No. E049 of 2026. The dispute arises in a public procurement context involving KENGEN, ELC Electroconsult SPA, the European Investment Bank and the Public Procurement Administrative Review Board, though the judgment itself discloses no factual background. Without setting out any issues, reasoning or analysis, the court announced that the appeal is allowed: it set aside the High Court judgment and substituted an order dismissing the judicial review application, with each party bearing its own costs of the appeal. Invoking Rules 34(6) and (7) of the Court of Appeal Rules, 2022, the court reserved its reasons for delivery on 26 June 2026. Because the reasons were withheld, this document contains no ratio beyond the operative orders; the binding effect pending the reasoned judgment is that the High Court's decision is displaced and the judicial review application stands dismissed. Counsel relying on this decision should obtain the reserved reasons before citing it for any substantive proposition.
Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.The judgment contains no enumerated issues for determination; the court disposed of the appeal summarily and reserved its reasons for a later date
Key legal issues
#Legal principles established
#- The Court of Appeal set aside the High Court's judgment in JR Application No. E049 of 2026 and substituted an order dismissing that application; until reasons are delivered, the binding operative effect is that the judicial review application stands dismissed.
Court orders
#- 1.Appeal allowed
- 2.Judgment of the High Court (Aburili, J.) dated 9th April 2026 set aside
- 3.Substituted therefor an order dismissing Judicial Review Application No. E049 of 2026
- 4.Each party to bear own costs of the appeal
- 5.Reasons for the decision to be given on 26th June 2026 pursuant to Rule 34(6) and (7) of the Court of Appeal Rules, 2022
The bench
#One judgment of the whole court — no separate or dissenting opinions.
PK
majorityWrote the judgment
JM
majorityWrote the judgment
SK
majorityWrote the judgment
- On appeal from
- High Court of Kenya at Milimani - Judicial Review
- JR Application No. E049 of 2026
- Jurisdiction invoked
- Appeal to the Court of Appeal under the Court of Appeal Rules, 2022 (Rule 34(6) and (7) invoked for delivery of decision in advance of reasons)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Having carefully considered the record of appeal, the submissions made and authorities cited by the parties herein, the decision of the Court is that this appeal be and is hereby allowed.
We set aside the judgment of the High Court (Aburili, J.) dated 9th April 2026 and substitute therefor an order dismissing Judicial Review Application No. E049 of 2026, with each party bearing own costs of the appeal.
Pursuant to Rule 34(6) and (7) of the Court of Appeal Rules, 2022, the reasons for this decision shall be given on 26th June 2026.
Issues in the judgment
#material
This is a bare decision issued without reasons; the court expressly deferred its reasons to 26th June 2026, so no holdings, issues or reasoning are available in this document.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sintecnica Engineering SRL & another v Accounting Officer, Kenya Ellectricity Generating Company PLC (KENGEN) & 4 others (Civil Appeal E317 of 2026) (29 May 2026) (Decision) [2026] KECA 1019 (KLR)", Case Analysis (2026). Civil Appeal E317 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1019/eng@2026-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.