ELC Electroconsult SPA v Public Procurement Administrative Review Board & 3 others (Judicial Review Application E321 of 2025) [2025] KEHC 14140 (KLR) (Judicial Review) (9 October 2025) (Ruling) Neutral citation: [2025] KEHC 14140 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E321 OF 2025 RE ABURILI, J OCTOBER 9, 2025 BETWEEN ELC ELECTROCONSULT SPA .............................................................. APPLICANT AND PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD .... 1ST RESPONDENT SINTECNICA ENGINEERING SRL IN JOINT VENTURE WITH STEAM SRL .................................................................................................. 2ND RESPONDENT ACCOUNTING OFFICER, KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN) ............................................................................. 3RD RESPONDENT KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN) .... 4TH RESPONDENT RULING 1. The chamber summons dated 7/10/2025 seeks leave of court to file Judicial Review Application for certiorari orders to quash the decision of the 1st Respondent dated 26/09/2025 in application 62/2025 and leave to operate as stay of implementation of the impugned decision. 2. I am satisfied, upon perusal of the documents filed, that the matter is urgent, being a public procurement and time bound matter. 3. I certify it as urgent and direct the applicant to file and serve the substantive Notice of Motion within 2 days of today upon which the respondents shall have 3 days of date of service to file and serve their https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14140/eng@2025-10-09 1
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responses. Thereafter, the applicant shall have 5 days of service to file and serve a further affidavit, if need be, together with written submissions. 4. The respondents shall then have 5 days of the date of service to file and serve supplementary affidavit, if need be, together with written submissions. 5. The substantive Notice of Motion shall be filed in a separate court file and as soon as it is filed, it be brought up for a date to be given for mention to confirm compliance and to fix a judgment date, these being time bound proceedings. 6. The leave so granted herein shall operate as stay of implementation of the decision of the 1st respondent made on 26th September, 2025, which is impugned by these proceedings. 7. I make no orders as to costs. 8. Accordingly, this file is closed. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9TH DAY OF OCTOBER, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14140/eng@2025-10-09 2
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