Republic v Public Procurement Administrative Review Board & Others

Republic v Public Procurement Administrative Review Board & another; XRX Technologies Limited (Interested Party); Express Automation Limited (Ex Parte) [2020] eKLR

Court: High Court of Kenya at Nairobi (Judicial Review Division)
Judge: Hon. Justice P. Nyamweya
Date: 18th December 2020
Case No.: Judicial Review Application No. E1155 of 2020
Outcome: Leave granted for judicial review; stay of procurement process ordered

Background:
The case involved a public procurement dispute where Express Automation Limited (Ex Parte Applicant) challenged:

1. The award of tender KPA/172/2019/20-ICT to XRX Technologies Limited by Kenya Ports Authority (2nd Respondent)
2. The Public Procurement Administrative Review Board’s (1st Respondent) summary dismissal of their review application without hearing

Key Issues:

1. Whether Express Automation had an arguable case for judicial review
2. Whether to grant stay of the procurement process pending determination
3. Whether leave should be granted for orders of certiorari, prohibition and mandamus

Court’s Decision:

1. Granted leave for judicial review, finding the Applicant raised arguable issues regarding:
   • Procedural unfairness in PPARB’s dismissal
   • Potential illegality in procurement process
2. Ordered stay of procurement process to maintain status quo
3. Directed expedited hearing of the substantive application

Significance:

1. Reaffirmed courts’ role in ensuring due process in procurement disputes
2. Established that PPARB cannot dismiss review applications without proper consideration
3. Demonstrated judicial willingness to intervene in ongoing procurement processes to prevent irreparable harm
4. Set precedent for handling urgent procurement-related judicial reviews

Legal Principles Applied:

1. Judicial review is discretionary but guided by principles of fairness
2. Leave tests whether case is arguable, not final merits (per Order 53 CPR)
3. Stay orders may be granted to preserve subject matter of dispute
4. Public bodies must follow due process in administrative decisions