Republic v Public Procurement Administrative Review Board & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. E1111 OF 2020 BETWEEN REPUBLIC.................................................................................................................................APPLICANT VERSUS PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD............................RESPONDENT THE ACCOUNTING OFFICER KENYATTA NATIONAL HOSPITAL....1ST INTERESTED PARTY KENYATTA NATIONAL HOSPITAL............................................................2 ND INTERESTED PARTY KAMTIX CLEANERS CO. LTD.....................................................................3 RD INTERESTED PARTY EX PARTE: THE GARDENS AND WEDDING CENTRE LIMITED RULING NO 2 1. This matter was coming up for reservation of a ruling date on prayer 3 of the ex parte Applicant’s Chamber Summons dated 21 st September 2020, that the grant of leave herein to commence judicial review proceedings operates as a stay of the procurement process of Tender No. KNH/V33/2020-2021. The ex parte Applicant has in this regard been directed severally to serve the Respondents and Interested Parties with his pleadings and submissions on the prayer for stay. Upon perusal of the Court record there is still no evidence of such service. 2. This Court is in the circumstances not able to confirm the status of implementation of the impugned procurement, as the Respondents and Interested Parties have not filed any response or submissions, as a result of the non-compliance by the ex parte Applicant. For this reason, this Court is not able to exercise its discretion in favour of the ex parte Applicant. 3. I accordingly order as follows: I. Prayer 3 of the ex parte Applicant’s Chamber Summons dated 21 st September 2020 seeking orders that the grant of leave herein do operate as a stay of procurement process of Tender No. KNH/V33/2020-2021 is declined. II. The ex parte Applicant is granted the last opportunity to serve the Respondent and Interested Parties with (i) the substantive Notice of Motion dated 1st October 2020 (ii) the Chamber Summons dated 21st September 2020 and its supporting documents, (iii) copy of this ruling and of the ruling delivered herein on 1 st October 2020, and (v) a hearing notice, within twenty-one (21) days from today’s date. Upon default, this suit shall be liable to dismissal for non-prosecution. III. Upon being served with the said pleadings and documents, the Respondent and Interested Parties shall be required to file their responses to the substantive Notice of Motion dated 1 st October 2020 within twenty-one (21) days from the date of service. IV. This matter shall be mentioned on 16th April 2021 to confirm compliance and for further directions. V. In view of the Ministry of Health directives on the safeguards to be observed to stem the spread of the current COVID-19 pandemic, this Court shall hear and determine the ex parte Applicant’s Notice of Motion dated 1st October 2020 on the basis of the electronic copies of the pleadings and the written submissions filed by the parties.

page 1 of 2