REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW MISC. APPLICATION NO. E035 OF 2026
CHINA ROAD AND BRIDGE CORPORATION…………………………APPLICANT
VERSUS
PUBLIC PROCUREMENT
ADMINISTRATIVE REVIEW BOARD.....................................................RESPONDENT
AND
THE MANAGING DIRECTOR
KENYA RAILWAYS CORPORATION………………..……1 ST INTERESTED PARTY
KENYA RAILWAYS CORPORATION…………………….2 ND INTERESTED PARTY
CHINA CIVIL ENGINEERING CONSTRUCTION
CORPORATION…………………………………………...….3 RD INTERESTED PARTY
CRCEG-COVEC CONSORTIUM…………………………...3 RD INTERESTED PARTY
RULING
1. I have considered the chamber summons dated 9/3/2026 filed under certificate of urgency. I have also heard the applicant’s Counsel, Mr. Kimani Kiragu, exparte.
2. The applicant seeks leave of court to apply for Judicial Review orders of prohibition, to prohibit the Respondent from hearing and determining or otherwise proceeding with PPARB Application No. 31/2026 and that leave if granted do operate as a stay of further proceedings.
3. In the aforesaid application pending hearing and determination of these proceedings substantively, the applicant seeks to challenge the second request for review which in its view, borders on contempt proceedings. It challenges the Respondents’ jurisdiction.
4. Having considered the application, I am satisfied that the applicant has a prima facie arguable case in challenging jurisdiction of the Respondents to hear a second request for review before it hears and makes a decision on the request. An arguable case is not necessarily one that must succeed, but one which ought to be argued fully before the court; one that is not frivolous or hopeless on the face of it.
5. I grant leave to the applicant to apply for Judicial Review orders of prohibition as sought in prayer 2 of the application dated 9/3/2026. The main motion to be filed and served within 21 days of today. As these proceedings are initiated in a Miscellaneous file, the main motion be filed in a substantive Judicial Review file.
6. I further order that the leave so granted shall operate as stay of any proceedings before the Respondents in PPARB Application for Review No. 31/2026.
7. This file is closed.
Dated, Signed & Delivered virtually at Nairobi this 11 th Day of March, 2026
R.E. ABURILI
JUDGE
2 JR MISC NO. E035 OF 2026 RULING
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW MISC. APPLICATION NO. E035 OF 2026
CHINA ROAD AND BRIDGE CORPORATION…………………………APPLICANT
VERSUS
PUBLIC PROCUREMENT
ADMINISTRATIVE REVIEW BOARD.....................................................RESPONDENT
AND
THE MANAGING DIRECTOR
KENYA RAILWAYS CORPORATION………………..……1 ST INTERESTED PARTY
KENYA RAILWAYS CORPORATION…………………….2 ND INTERESTED PARTY
CHINA CIVIL ENGINEERING CONSTRUCTION
CORPORATION…………………………………………...….3 RD INTERESTED PARTY
CRCEG-COVEC CONSORTIUM…………………………...3 RD INTERESTED PARTY
RULING
1. I have considered the chamber summons dated 9/3/2026 filed under certificate of urgency. I have also heard the applicant’s Counsel, Mr. Kimani Kiragu, exparte.
2. The applicant seeks leave of court to apply for Judicial Review orders of prohibition, to prohibit the Respondent from hearing and determining or otherwise proceeding with PPARB Application No. 31/2026 and that leave if granted do operate as a stay of further proceedings.
3. In the aforesaid application pending hearing and determination of these proceedings substantively, the applicant seeks to challenge the second request for review which in its view, borders on contempt proceedings. It challenges the Respondents’ jurisdiction.
4. Having considered the application, I am satisfied that the applicant has a prima facie arguable case in challenging jurisdiction of the Respondents to hear a second request for review before it hears and makes a decision on the request. An arguable case is not necessarily one that must succeed, but one which ought to be argued fully before the court; one that is not frivolous or hopeless on the face of it.
5. I grant leave to the applicant to apply for Judicial Review orders of prohibition as sought in prayer 2 of the application dated 9/3/2026. The main motion to be filed and served within 21 days of today. As these proceedings are initiated in a Miscellaneous file, the main motion be filed in a substantive Judicial Review file.
6. I further order that the leave so granted shall operate as stay of any proceedings before the Respondents in PPARB Application for Review No. 31/2026.
7. This file is closed.
Dated, Signed & Delivered virtually at Nairobi this 11 th Day of March, 2026
R.E. ABURILI
JUDGE
2 JR MISC NO. E035 OF 2026 RULING