Case ID:170081

Republic v Public Procurement Administrative Review Board; Accounting Officer Kenyatta National Hospital & 2 others (Interested Parties); (Ex Parte) Gardens and Wedding Centre Limited [2021] eKLR

Case Metadata

Case Number:

Judicial Review Application E1111 of 2020

Parties:

Republic v Public Procurement Administrative Review Board; Accounting Officer Kenyatta National Hospital, Kenyatta National Hospital & Kamtix Cleaners Co. Ltd (Interested Parties); (Ex Parte) Gardens And Wedding Centre Limited

Date Delivered:

21 Jan 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Public Procurement Administrative Review Board; Accounting Officer Kenyatta National Hospital & 2 others (Interested Parties); (Ex Parte) Gardens and Wedding Centre Limited [2021] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application ordered

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. E1111 OF 2020

BETWEEN

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

VERSUS

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW

BOARD............................RESPONDENT

THE ACCOUNTING OFFICER KENYATTA NATIONAL HOSPITAL....1

ST

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 t

he 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 1

st

October 2020 (ii) the Chamber Summons dated 21

st

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

16

th

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

1

st

October 2020

on the basis of the electronic copies of the pleadings and the written submissions filed by the parties.

VI.

All the parties shall file their pleadings and submissions electronically, by filing them with the Judiciary e-filing system, and send copies by electronic mail to the Deputy Registrar of the Judicial Review Division at

judicialreview48@gmail.com

and

asunachristine51@gmail.com

.

VII.

The service of pleadings and documents directed by the Court shall be by way of personal service

and

electronic mail, and in the case of service by way of electronic mail, the parties shall also email a copy of the documents so served to the Deputy Registrar of the Judicial Review Division at

judicialreview48@gmail.com

with copies to

asunachristine51@gmail.com

.

VIII.

The parties shall also be required to file and send to the Deputy Registrar of the Judicial Review Division their respective affidavits of service evidencing personal service, by way of electronic mail to

judicialreview48@gmail.com

with copies to

asunachristine51@gmail.com

.

IX.

T

he Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for mention on

16

th

April 2021

.

X.

The Deputy Registrar of

the Judicial Review Division shall send a copy of these directions to the

ex parte

Applicant by electronic mail by close of business on

Friday, 22

nd

January 2021

.

XI.

Parties shall be at liberty to apply.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 21

ST

DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE