Case ID:165254

Republic v Clerk of the National Assembly & 2 others Ex Parte;Applicant Eaa Company Limited [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application 104 of 2020

Parties:

Republic v Clerk of the National Assembly, National Assembly & Okiya Omtatah Okoiti Ex Parte;Applicant Eaa Company Limited

Date Delivered:

16 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Clerk of the National Assembly & 2 others Ex Parte;Applicant Eaa Company Limited [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. 104 OF 2020

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

ORDERS OF PROHIBITION AND CERTIORARI

BETWEEN

REPUBLIC................................................................................................APPLICANT

VERSUS

CLERK OF THE NATIONAL ASSEMBLY...............................1

ST

RESPONDENT

THE NATIONAL ASSEMBLY.....................................................2

ND

RESPONDENT

OKIYA OMTATAH OKOITI.......................................................3

RD

RESPONDENT

EX PARTE APPLICANT:...............................................EAA COMPANY LIMITED

RULING

1. This Court delivered a ruling on 6

th

July 2020 in which it declined to grant orders sought by the

ex parte

Applicant that the leave granted herein to institute judicial review proceedings operate as a stay of the adoption and implementation of the Parliamentary Investments Committee’s Report and Recommendations on the consideration of the Auditor General’s Special Audit Report dated 10

th

July 2019, insofar as it touches on, refers to, relates to and make recommendations respecting and regarding tender no. KEBS/T010/2019-2021 and the contract entered into by the

ex parte

Applicant upon participating in the said tender.

2. The

ex parte

Applicant has now filed a Notice of Motion application dated 15

th

October 2020, and is seeking the following orders therein:

1. THAT this application be certified urgent and heard ex parte.

2. THAT the Ruling and Order dated 6

th

July 2020 on the issue of leave operating as a stay to suspend the implementation of the PIC Report dated 29

th

May 2020, which was adopted on the 13

th

October 2020 by the 2

nd

Respondent, be and is hereby reviewed in the exercise of this Court’s discretion and inherent powers by setting aside the order declining stay.

3. THAT leave to institute these judicial review proceedings granted on the 20

th

May 2020 shall henceforth operate as a stay to suspend the implementation of the Parliamentary Investments Committee’s Report and Recommendations on the consideration of the Auditor General’s Special Audit Report dated 10

th

July 2019 only insofar as it touches on, refers to, relates to and make recommendations respecting and regarding tender no. KEBS/T010/2019-2021 and the contract entered into by the applicant

upon participating in the said tender.

4. THAT Costs be to the applicant.

5. Any other order that is just and equitable.

3. The application is supported by an affidavit sworn on 15

th

October 2020 by Wycliffe Muga, the

ex parte

Applicant’s agent in Kenya. The main ground for the application is that the Parliamentary Investments Committee’s Report dated 29

th

May 2020 on the Special Auditor’s Report dated 10

th

July 2020, was subsequent to this Court’s ruling adopted by the National Assembly on the 13

th

October 2020. Further, that unless its implementation is halted or suspended by this Court, the

ex parte

Applicant’s rights shall to be violated.

4. In the circumstances I hereby order as follows:

I. The

ex parte

Applicant

shall serve the Respondents with the

Notice of Motion application dated 15

th

October 2020, skeletal submissions thereon, and a copy of these directions

within seven (7) days of today’s date.

II. The Respondents are

at liberty to file a replying affidavit and reply submissions within seven (7) days of service by the

ex parte

Applicant

.

III.

The hearing of the Notice of Motion dated 15

th

October 2020 shall take place on

9

th

November 2020.

IV.

Pending the hearing of the said

Notice of Motion on 9

th

November 2020, interim

orders of stay are hereby granted, staying any and further

implementation of the recommendations made

in

the Parliamentary Investments Committee’s Report and Recommendations dated 28

th

May 2020 as adopted on 13

th

October 2020, only in so far as they touch on and affect tender no. KEBS/T010/2019-2021 and the contract entered into thereto by the

ex parte

Applicant.

V.

The Deputy Registrar of

the Judicial Review Division shall send a copy of this ruling to the

ex parte

Applicants and Respondent by electronic mail by close of business on

Wednesday, 21

st

October 2020

.

VI. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for virtual hearing on

9

th

November 2020

.

VII.

Parties shall be at liberty to apply.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 16

TH

DAY OF OCTOBER 2020

P. NYAMWEYA

JUDGE