Accounting Officer Kenya National Highways Authority & Kenya National Highways Authority v Public Procurement Administrative Review Board; Roads and Civil Engineering Contractors Association (RACECA) & Frontiers Counties Development Council (Interested Parties) [2020] eKLR [2020] KEHC 6282 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW CASE NO. 84 OF 2020

BETWEEN

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. 84 OF 2020

IN THE MATTER OF AN APPLICATION FOR FOR JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI

AND

IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET

DISPOSAL ACT, 2015

BETWEEN

THE ACCOUNTING OFFICER,

KENYA NATIONAL HIGHWAYS AUTHORITY..............1ST APPLICANT

KENYA NATIONAL HIGHWAYS AUTHORITY.............2ND APPLICANT

VERSUS

PUBLIC PROCUREMENT ADMINISTRATIVE

REVIEW BOARD.....................................................................RESPONDENT

AND

ROADS AND CIVIL ENGINEERING

CONTRACTORS ASSOCIATION (RACECA)........INTERESTED PARTY

FRONTIERS COUNTIES DEVELOPMENT

COUNCIL...............2ND PROPOSED INTERESTED PARTY/APPLICANT

RULING NO 2.

Introduction

1. The ex parte Applicants herein filed an application by way of a Chamber Summons dated 20th April 2020, seeking leave to apply for various judicial review orders with respect to the Respondent’s decision dated 14th April 2020 and rendered on 16th April 2020, on a Request for Review brought by the Interested Party. The said Request for Review and decision are with respect to a Request for Bids for the Upgrading of Isiolo - Kulamawe Mogadashe (A10/ B84) Road ICB No KeNHA 2236/2019 that was made by the ex parteApplicants.

2. The Chamber Summons dated 20th April 2020 was heard by this Court and leave granted to the ex parte Applicants to commence judicial review proceedings in a ruling delivered on 24th April 2020. This Court also gave directions as to filing and service of pleadings and submissions by the parties, and that this matter be mentioned on 10th June 2020 for directions.

3. The Frontiers Counties Development Council,  2nd Proposed Interested Party has now filed an application under Certificate of Urgency by way of a Notice of Motion dated 29th April 2020 seeking joinder in this application as an interested party and for directions. The said application was sent to the Deputy Registrar of the Judicial Review Division by an email of the same date.

4. I have considered the application dated 29th April 2020 and the reasons offered in support of the urgency.  I am satisfied that the 2nd Proposed Interested Party  has demonstrated that the matter is urgent, and that the same ought to be heard on a priority basis. This is for the reasons that there are strict timelines that are set by this Court as to the hearing of the dispute herein.

5. In the premises, I hereby direct as follows to expedite the hearing of this matter:

i. The Notice of Motion application dated 29th April 2020 be and is hereby certified as urgent, and that the same is hereby admitted for hearing on a priority basis.

ii. The2nd Proposed Interested Partyshall serve the ex parte Applicants, Respondents, and Interested Party with (i) its Notice of Motion dated 29th April2020and skeletal submissions thereon, (ii) a copy of this ruling, and (iii) a mention notice within seven (7) days from today’s date for inter partes hearing.

iii. Upon being served with the said pleadings and documents, the ex parte Applicants, Respondents, and Interested Party shall be required to file and serve their replies to the said Notice of Motion dated 29th April2020and submissions thereon within seven (7) days from the date of service.

iv. The ruling date for theNotice of Motion dated 29th April2020 shall be reserved on 20th May 2020.

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 the2nd Proposed Interested Party’s Notice of Motion dated 29th April2020on the basis of the electronic copies of the pleadings and submissions filed.In this respect, the2nd Proposed Interested Partyshall avail an electronic copy of itsNotice of Motion dated 29th April2020 and submissions thereon in word format within seven (7) days of today’s date.

i. The parties shall avail and file their electronic pleadings, applications and written submissions in word format by sending them to  the Deputy Registrar of the Judicial Review Division atjudicialreview48@gmail.comwith copies to asunachristine51@gmail.com.

ii. The electronic copies of pleadings and documents sent by the parties shall be clearly and correctly titled to indicate the J.R Case Number, the name of the Party sending it (that is whether the Applicant, Respondent or Interested Party), and the nature of the pleading or document.

iii. The service of pleadings and documents directed by the Court shall be by way of personal service andelectronic 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 atjudicialreview48@gmail.comwith copies to asunachristine51@gmail.com.

iv. The parties shall also be required to send to the Deputy Registrar of the Judicial Review Division their respective affidavits of service evidencing personal service, by way of electronic mail tojudicialreview48@gmail.comwith copies to asunachristine51@gmail.com.

v. The Deputy Registrar ofthe Judicial Review Division shall send a copy of these directions and the extracted orders to the2nd Proposed Interested Party   by electronic mail by close of business on Monday, 4th May 2020, as 1st May 2020 is a public holiday.

vi. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for mention on 20th May 2020, and bring it to the attention of a Judge in the Division for reservation of a ruling date.

vii. Parties shall be at liberty to apply.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF APRIL 2020

P. NYAMWEYA

JUDGE