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High CourtDismissedJudicial Review application dated 26th April 2019 (Request for Review Number 32 of 2019, Tropical Technology Limited v Ministry of Interior & Co-ordination of National Government)· [2020] KEHC 9235 (KLR)

Tropical Technology Limited v Public Procurement Administrative Review Board & another

High Court of Kenya
17 January 2020
6,376 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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Specialized administrative decisions are generally protected from court interference unless clear illegality or irrationality is proven.

What this practically means

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Executive summary

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Tropical Technology Limited, contracted in 2017 by the Ministry of Interior to supply motorized vehicle number plate blanks under tender JKPS/T/ICB/IO/2014-2017, challenged before the High Court by way of judicial review the Public Procurement Administrative Review Board's decision in Request for Review No. 32 of 2019. The Board had dismissed the applicant's complaint and directed the Ministry to proceed with a new tender, SCD/48/2018-2021, advertised on 13th March 2019 for supply of number plate raw materials. The applicant sought certiorari to quash the Board's decision and prohibition against the Ministry executing the Board's directions, arguing that the Board ignored relevant considerations (alleged breaches of the Act including premature opening of tenders and illegal termination of the existing contract) and took into account irrelevant ones, and that its decision was unreasonable and ultra vires. The first Respondent filed no response; the Ministry, through its Procurement Officer, deposed that the new tender was for non-digitized number plates, different from the applicant's contract for digitized plates, and that the applicant had bought tender documents but chose not to bid. Mativo J conducted an extensive review of the doctrine of relevant and irrelevant considerations and Wednesbury unreasonableness. He held that the two tenders were for different goods, the applicant's contract remained valid and running, and that the Board's decision fell within the range of permissible outcomes of a specialized tribunal whose decisions should not be lightly interfered with. No illegality, irrationality or procedural impropriety having been established, the application was dismissed on 17th January 2020 with no orders as to costs.

Key legal issues

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01

Irrelevant and relevant considerations as grounds of review

Holding

The Board did not consider irrelevant matters; the two tenders were for different goods (digitized vs non-digitized number plates) and the applicant's contract was unaffected

Reasoning

The court reviewed the doctrine of mandatory and permissible considerations, holding that a decision is invalidated only where obligatory considerations are ignored. On the facts, the Board's finding that the tenders differed was undisputed, and the applicant's existing contract remained valid and running, so no different tribunal could have reached a different conclusion.

p. 5
02

Wednesbury unreasonableness

Holding

The decision was not unreasonable or irrational; it fell within the range of permissible outcomes

Reasoning

Applying the test that a decision must be objectively so devoid of plausible justification that no reasonable body could have reached it, the court found nothing to show that a reasonable tribunal faced with the same facts and law would have arrived at a different conclusion. The court's role is strictly supervisory.

p. 6
03

Deference to specialized tribunals

Holding

The Review Board, being better equipped to handle procurement disputes, should not be lightly interfered with

Reasoning

The court emphasized that the Board is a specialized statutory tribunal whose administrative review function is akin to an appeal, and that a judicial review court ought to be slow to substitute its own decision merely because it prefers a different permissible option.

p. 6

Legal principles established

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  • Taking into account irrelevant considerations or disregarding relevant ones is a manifestation of irrationality and a reviewable error, provided the outcome might have differed
  • Once a decision-maker takes relevant considerations into account, the weight given to them is a matter for the decision-maker, not the court
  • The Review Board's decisions within its jurisdiction should not be lightly interfered with by the High Court
  • Judicial intervention is limited to illegality, irrationality and procedural impropriety

Court orders

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  1. 1.Dismissal of the applicant's application dated 26th April 2019
  2. 2.No orders as to costs

Authorities

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Legislation

  • Companies Act
  • Public Procurement and Asset Disposal Actsections 3, 27, 28, 63, 97(1)(2), 167(1), 167(4)
  • Constitution of KenyaArticles 155, 201(d), 227(1)
  • Fair Administrative Action Actsection 7(2)(k)
  • Public Procurement and Asset Disposal RegulationsRegulations 32(1)(2), 40

Cases cited (24)

  • Secretary of State for Education v Tameside Metropolitan Borough Council
    {1977} AC 1014

    Ignoring relevant considerations or taking irrelevant ones may render a decision unreasonable

  • Roberts v Howood & others
    {1925} AC 578

    Unreasonableness and irrationality of administrative decisions

  • R v The Commissioner of Coop ex parte Kirinyaga Tea Growers Coop Savings and Credit Society Ltd
    {1991} 1 EA 245

    Statutory powers can only be exercised validly if exercised reasonably

  • Zhongman Petroleum & Natural Gas Group Company Limited v The Public Procurement and Administrative Review Board & 3 others
    Misc. App No. 53 of 2010

    Failure to consider relevant issues constitutes error

  • R v Secretary of State for Social Services, ex parte Wellcome Foundation Ltd
    {1987} 1 WLR 1166

    Reviewable error of taking irrelevant or ignoring relevant considerations

  • Ashby v. Minister of Immigration
    {1981} 1 NZLR 222

    Distinction between obligatory and permissible considerations

  • Cannock Chase DC v Kelly
    [1978] 1 All ER 152

    Courts only require decision-maker to show considerations were or were not adverted to

  • R v Lancashire CC, ex parte Huddleston
    [1986] 2 All ER 941

    A mere catalogue of factors ignored may not be enough

  • R. v. Boundary Commission for England, ex parte Foot
    [1983] Q.B. 600

    Weighing of relevant considerations is a matter for the decision maker, not the courts

  • Tesco Stores Ltd. v. Secretary of State for the Environment
    [1995] UKHL 22, [1995] 1 W.L.R. 759

    Distinction between materiality of a consideration (law) and its weight (judgment of the authority)

  • R. v Somerset CC Ex p. Fewings
    [1995] 1 W.L.R. 1037

    Three categories of considerations in exercising discretionary power

  • R. v London (Bishop)
    (1890) 24 Q.B.D. 213

    Immateriality of irrelevant matters not influencing the decision

  • Hounslow LBC v Twickenham Garden Developments Ltd
    [1971] Ch. 233

    Minor errors of irrelevant considerations may be overlooked

  • Marshall v Blackpool Corp
    [1935] A.C. 16

    Line between irrelevant considerations and extraneous purpose

  • Padfield v Minister of Agriculture, Fisheries and Food
    [1968] A.C. 997

    Irrelevant considerations as ground of invalidity

  • Baldwin & Francis Ltd v Patents Appeal Tribunal
    [1959] A.C. 663

    Assessing importance of overlooked factors

  • Yorkshire Copper Works Ltd v Registrar of Trade Marks
    [1954] 1 W.L.R. 554

    Mandatory considerations the decision-maker is bound to have regard to

  • Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Others
    2004 (4) SA 490 CC

    Approval of the reasonableness test

  • R v Chief Constable of Sussex, ex parte International Trader's Ferry Ltd
    {1995} 1 All ER 129 (HL)

    Test whether a reasonable authority could reach the decision

  • Bromley London Borough Council vs Greater London Council
    {1983} 1 AC 768

    Decision must be objectively so devoid of plausible justification that no reasonable body could have reached it

  • Puhlhofer v Hillingdon London Borough Council
    [1986] 1 AC 484

    Decision must verge on absurdity to be vitiated

  • Prasad v Minister for Immigration
    {1985} 6 FCR 155

    Proving unreasonableness requires something overwhelming

  • Minister for Aboriginal Affairs v Peko Wallsend Ltd
    (1986) 162 CLR 24

    Failure to give proper weight to relevant factors may be challenged as unreasonable

  • Patel vs Witbank Town Council
    1931 TPD 284

    A bad or irrelevant reason vitiates the whole decision

Jurisdiction invoked
Judicial review jurisdiction of the High Court under the Fair Administrative Action Act and the Public Procurement and Asset Disposal Act (order of certiorari and prohibition)

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, "Tropical Technology Limited v Public Procurement Administrative Review Board & another", Case Analysis (2020). Judicial Review application dated 26th April 2019 (Request for Review Number 32 of 2019, Tropical Technology Limited v Ministry of Interior & Co-ordination of National Government). Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/2020/9235/eng@2020-01-17

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