Republic v Public Procurement Regulatory Board; Sender Services Limited (Interested Party); Kenya Pipeline Company Limited (Ex parte Applicant) (Judicial Review Application E426 of 2025) [2025] KEHC 19141 (KLR) (Judicial Review) (30 December 2025) (Ruling) Neutral citation: [2025] KEHC 19141 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E426 OF 2025 RE ABURILI, J DECEMBER 30, 2025 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND PUBLIC PROCUREMENT REGULATORY BOARD ..................... RESPONDENT AND SENDER SERVICES LIMITED .............................................. INTERESTED PARTY AND KENYA PIPELINE COMPANY LIMITED ........................ EX PARTE APPLICANT RULING 1. I have perused the chamber summons for leave dated 23rd December, 2025 and filed in court on 29th December, 2025. 2. The application is time bound as per the provisions of the Public Procurement and Asset Disposal Act. 3. It is hereby certified as urgent. 4. On the prayer for leave to apply for judicial review orders challenging the decision rendered by the respondent on 19th December, 2025. I am satisfied that the application as intended is arguable and not hopeless or frivolous. The application was also filed within 14 days of the date of the impugned decision as per section 42 of the Public Procurement and Asset Disposal Act. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19141/eng@2025-12-30 1
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5. I grant leave to the applicant to institute judicial review proceedings as sought in prayers Nos 2,3,4,5 of the Chamber Summons dated 23rd December, 2025. 6. The main motion to be filed by close of business today 30th December, 2025 and served upon the respondent and interested party by close of business on 31/12/2025, by their authentic email. 7. Upon service, the respondents and interested parties shall file and serve their responses within 3 days and those days are inclusive of the period governed by Order 50 of the Civil Procedure Rules, these being time bound proceedings and therefore time is of essence. In other words, time does not stop to run and all days of the week, whether a public holiday, a Saturday or Sunday counts. 8. The applicant shall have 5 days of date of service by the respondent and interested party to file and serve a further affidavit if need be together with written submissions. 9. The respondent and interested party shall have 5 days of date of service to file and serve supplementary affidavits if need be together with written submissions. 10. The substantive motion shall be filed in these very proceedings, noting that the applicant has filed the chamber summons for leave in a Judicial Review Application file and not Miscellaneous file. The applicant to pay correct court fees for the substantive motion. 11. Mention on 20/1/2026 to fix a judgment date. 12. Parties to comply with these directions. 13. I so order. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF DECEMBER, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19141/eng@2025-12-30 2
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