REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW CASE NO. 84 OF 2020 BETWEEN THE ACCOUNTING OFFICER, KENYA NATIONAL HIGHWAYS AUTHORITY....................1ST APPLICANT KENYA NATIONAL HIGHWAYS AUTHORITY..…....….....2ND APPLICANT VERSUS PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD..........................................................................RESPONDENT AND ROADS AND CIVIL ENGINEERING CONTRACTORS ASSOCIATION (RACECA).....1ST INTERESTED PARTY FRONTIERS COUNTIES DEVELOPMENT COUNCIL.................................................................2 ND INTERESTED PARTY RULING NO 4 1. Judgment in this matter was to be delivered on 16 th October 2020. The ex parte Applicant has however filed a Notice of Withdrawal dated 13th October 2020, seeking to withdraw the Notice of Motion dated 25 th April 2019 for all purposes. 2. Upon perusal of the Court record, I note that the Respondent and Interested Parties advocate herein had filed pleadings and submissions in preparation for the judgment, and there is no consent filed or submissions made on the issue of costs by the said parties. 3. In the premises I hereby order as follows: I. The Notice of Motion dated 25th April 2019 is hereby marked as withdrawn, and this case is accordingly closed. II. Each party shall meet their respective costs of this suit. III. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant, Respondents and Interested Parties by electronic mail by close of business on Thursday, 15th October 2020. 4. Orders accordingly. DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF OCTOBER 2020 P. NYAMWEYA
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JUDGE
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