This matter was filed and paid for on 03/03/2025. However, the full court fees for the Originating Motion was not paid. Nonetheless this court has power to order for the payment of full court filing fees and I hereby direct the Registry to notify the Exparte applicant’s counsel to pay full court fees for the Originating Motion forthwith.
I have considered the Notice of Motion dated 28/02/2025 and filed on 03/03/2025 under certificate of urgency. I observe that the decision which is sought to be challenged was rendered on 17/02/2025. Section 175 (1) of the Public Procurement and Asset Disposal Act mandates that a person aggrieved by the Review Board’s decision may seek Judicial Review by the High Court within 14 days from the date of the Review Board’s decision, failure to which the decision of the Review Board shall be final and binding on both parties.
The Exparte applicant filed the Judicial Review on the 14th day which is within the time stipulated in the Act. However, the Exparte applicant knew and ought to have known that the matter or challenge to the decision of the Review Board is an urgent issue and did not have to wait until the 12th hour to approach this court under a certificate of urgency. A matter cannot be urgent at the time of filing in court and not before.
I find no urgency involved. I decline to certify the application/Notice of Motion dated 28/02/2025 urgent.
I direct the Exparte applicant to serve the Respondent and the Interested party (successful bidder) with the Originating Motion and the Notice of Motion dated 28/02/2025 for interpartes directions on 10/03/2025. On whether I should grant any interim stay of implementation of the Impugned decision rendered on 17/02/2025, Rule 14 of the Public Procurement and Asset Disposal Act provides that an application for such interim of interlocutory orders under Sub rule 1 “shall under sub rule (2) of Rule 14, be made as soon as the event giving rise to such application arises.”
In this case, the decision under challenge was made on 17/02/2025 and the applicant has waited until the 14th day which is the 12th hour, to seek for interim stay of enforcement of the impugned decision. I find no merit in the grant of an Exparte Interim stay of the implementation of the impugned decision and I decline to make such order of stay exparte in the first instance.
I so order.