Automated Summary
Key Facts
Cocopan Construction Kenya Limited sought judicial review to quash a 3-year debarment decision by the Public Procurement Regulatory Board's Department Committee dated 2025-05-29. The court denied urgency due to delayed filing (13 days post-decision) but granted leave to proceed with the application. A stay was ordered to prevent implementation of the debarment until full proceedings conclude. Respondents had 48 hours to file responses in a new judicial review file, with a virtual court appearance scheduled for 2025-06-17. Costs were allocated to each party.
Issues
- The applicant sought that the granted leave operate as a stay of the debarment decision to prevent its implementation until the judicial review is fully heard and determined on merit. The court ordered the stay to be effective until the proceedings are resolved.
- The court considered whether to grant the applicant leave to file a judicial review application seeking certiorari to quash the debarment decision rendered by the Public Procurement Regulatory Board's Department Committee.
Holdings
- The court ordered that the leave granted operates as a stay of implementation of the debarment decision until the proceedings are fully heard on merit, noting the debarment process involves gazettement and government resources.
- Respondents and interested parties were given 48 hours to file responses to the Notice of Motion in a separate judicial review file, with a virtual court appearance scheduled for 17 June 2025 for inter partes directions.
- The court found the applicant has an arguable prima facie case, granting leave to pursue judicial review for certiorari to quash the debarment decision and prohibition to stop its implementation.
- The court determined that the applicant's challenge was not filed with sufficient urgency, as the impugned decision was rendered on 29 May 2025 and the application was filed on 11 June 2025, rejecting the certificate of urgency.
Remedies
- The court grants leave to the applicant to apply for certiorari to quash the 1st Respondent's decision of 29th May 2025 and for prohibition to prevent the Respondents from implementing the decision by gazettement.
- The leave granted operates as a stay of implementation of the debarment decision in respect of tender No. JUD/OT/031/2023/2024 until these proceedings are fully heard and determined on merit.
- Each party is ordered to bear their own costs of these proceedings.
Legal Principles
The court applied judicial review principles to assess the legality of the debarment decision, granting leave for certiorari and prohibition to challenge the decision's validity and prevent its implementation until full proceedings. The ruling emphasized the need for expedition in public procurement matters and determined the applicant's case had sufficient merit to proceed.
Judge Name
R.E. Aburili
Passage Text
- 10. Accordingly, I order that the leave so granted herein shall operate as stay of implementation of the decision of the Debarment Committee rendered on 29/5/2025 in respect of tender No. JUD/OT/031/2023/2024 until these proceedings are heard and determined fully on merit.
- 1. I have considered the chamber summons dated 10th June 2025 and filed in court on 11/6/2025 under certificate of urgency. I am unable to find the urgency, owing to the fact that the impugned decision was rendered on 29/5/2025 and the applicant, knowing that these proceedings are time bound, waited until the 13th day to file the challenge.
- 8. I grant leave to the applicant to apply in terms of prayers 2 and 3 of the chamber summons dated 10/6/2025. Notice of motion shall be filed and served within 24 hours from the time the Ruling/Order herein is communicated to the exparte applicant herein via phone and email by the Registry.