Nyonjoro East Africa Limited v Public Procurement Administrative Review Board & another; Rumhas Construction Company Limited & another (Interested Parties) [2025] KEHC 278 (KLR)

Nyonjoro East Africa Limited v Public Procurement Administrative Review Board & another; Rumhas Construction Company Limited & another (Interested Parties) (Judicial Review Miscellaneous Application E007 of 2025) [2025] KEHC 278 (KLR) (Judicial Review) (21 January 2025) (Ruling)

Neutral citation: [2025] KEHC 278 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Miscellaneous Application E007 of 2025

RE Aburili, J

January 21, 2025

Between

Nyonjoro East Africa Limited

Applicant

and

The Public Procurement Administrative Review Board

1st Respondent

The Accounting Officer, North Rift Valley Water Works Development Agency

2nd Respondent

and

Rumhas Construction Company Limited

Interested Party

Mabac Enterprises Limited

Interested Party

Ruling

1. I have perused and considered the Chamber Summons dated 17/1/2025 filed under certificate of urgency, the grounds, supporting affidavit and the annextures accompanying the statement of facts. The decision sought to be impugned was made on 10/1/2025 in Public Procurement Administrative Review Board Application No. 125/2024.

2. I certify it as urgent.

3. I further grant leave to the exparte applicant to apply for Judicial Review orders sought in the Chamber Summons.

4. The substantive motion shall be filed by close of business today 21/1/2025 and served upon all the Respondents and Interested Party by close of business on 22/1/2025.

5. Upon service of the application and copy of this Ruling and all documents accompanying the applications for the substantive orders, the Respondents and Interested Party shall have 5 days of date of service to file and serve replying affidavits. The Applicant shall then have 3 days of date of service within which to file and serve a further affidavit if need be together with brief written submissions.

6. The Respondents and Interested Party shall then have 3 days to file and serve supplementary affidavits if need be, together with brief written submissions.

7. Mention on 5/2/2025 to confirm compliance and parties shall be at liberty to make oral highlights.

8. For avoidance of doubt, the substantive Notice of Motion shall be filed in a fresh separate file, containing only the Chamber Summons.

9. Accordingly, this file is closed.

10. Ruling to be typed expeditiously and uploaded. The exparte applicant’s Counsel to be notified forthwith to comply with the timelines set herein.

11. I so order.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21STDAY OF JANUARY, 2025R.E. ABURILIJUDGE