The court found that the Public Procurement Administrative Review Board breached the rules of natural justice by failing to accord the ex parte Applicant an opportunity to be heard on the issue of the validity of its Communications Authority of Kenya license, which was not raised by the parties but determined suo moto by the Board. The right to be heard is fundamental, and any decision reached without affording a party this right is null and void, regardless of whether the outcome would have been the same. The Board, while empowered to review all aspects of a tender, must ensure that parties are given a fair hearing on any adverse issues raised, including those raised suo moto. The court held that the Board's decision was procedurally improper and invited an order of certiorari to quash it. The matter was remitted to the Board for rehearing in accordance with the principles of natural justice.