Elc Electroconsult Spa v Public Procurement Administrative Review Board & 3 others [2025] KEHC 8610 (KLR)

Elc Electroconsult Spa v Public Procurement Administrative Review Board & 3 others (Judicial Review Application E068 of 2025) [2025] KEHC 8610 (KLR) (Judicial Review) (20 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8610 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E068 of 2025

RE Aburili, J

June 20, 2025

Between

Elc Electroconsult SPA

Applicant

and

The Public Procurement Administrative Review Board

1st Respondent

Sintecnical Engineering SRL In Joint Venture With Steam S.R.L

2nd Respondent

The Accounting Officer, Kenya Electricity Generating Company Plc (Kengen)

3rd Respondent

Kenya Electricity Generating Company Plc (Kengen)

4th Respondent

Ruling

1. The application dated 20th June 2025 is not certified urgent. Nonetheless, this is a public procurement matter which is time bound. The proceedings have to be heard and determined within 45 days of the date of filing in court. The court must therefore consider the application expeditiously.

2. I have perused the chamber summons dated 20/6/2025, the grounds, statutory statement, verifying affidavit and annextures thereto. I am satisfied that the application which seeks leave of court to challenge the decision of the Public Procurement Administrative Review Board rendered on 11/6/2025 is not frivolous.

3. I grant leave to the applicant to file and serve the substantive notice of motion by close of business on 23/6/2025 and in a fresh Judicial Review file.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20THDAY OF JUNE, 2025R.E. ABURILIJUDGE