I have considered the chamber summons dated 10 th 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 13 th day to file the challenge.
Expedition is key in matters public procurement matters. A party who comes to court at the 11 th hour should not expect to get orders in their favour. I decline to certify the matters as urgent.
I however find that upon perusal of the chamber summons, statutory statement, verifying affidavit as well the annextures thereto, I am satisfied that the applicant has an arguable prima facie case for consideration on its merit. In other words, the application is not frivolous on the face of it.
The applicant seeks leave of court to file judicial review application seeking for certiorari to quash the 1 st Respondent’s decision rendered on 29 th May 2025 debarring the applicant from undertaking procurement services for a period of three (3) years of the date of the decision.
It also prays for leave to apply for prohibition to prohibit the Respondents and especially the 3 rd Respondent from implementing the decision of the 1 st Respondent Debarment committee of the 2 nd and 3 rd Respondent’s made on 29/5/2025 by publishing and forwarding to the Cabinet Secretary the details of the exparte applicant and the corresponding period of debarment for gazettement.
The applicant also prays that the leave so granted do operate as stay of implementation of the said decision.
From the grounds in support and the sworn affidavit of Martin Gitonga Mbae, I am satisfied that the threshold for leave has been met.
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.
On whether the leave so granted should operate as stay of implementation of the impugned decision made on 29/5/2025, I note that the debarment decision takes a process including gazettement of the said debarment which involves resources by the Government and that these proceedings, if successful, will be rendered academic unless stay is granted.
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.
Owing to the statutory timelines for disposal of these public procurement proceedings which is 45 days from the date of filing, I order that upon service of the Notice of Motion upon the Respondents and Interested Parties, the Respondents and Interested Parties shall have 48 hours within which to file and serve their responses to the Notice of Motion which should be filed in a separate and fresh Judicial Review Application file.
The parties will then appear in court virtually on 17/6/2025 for inter partes directions on the mode of disposal of the substantive motion and in the said motion file.
Each party to bear their own costs of these proceedings.
This file is therefore closed.
Dated, Signed and Delivered at Nairobi this 12 th Day of June, 2025
Expedition is key in matters public procurement matters. A party who comes to court at the 11 th hour should not expect to get orders in their favour. I decline to certify the matters as urgent.
I however find that upon perusal of the chamber summons, statutory statement, verifying affidavit as well the annextures thereto, I am satisfied that the applicant has an arguable prima facie case for consideration on its merit. In other words, the application is not frivolous on the face of it.
The applicant seeks leave of court to file judicial review application seeking for certiorari to quash the 1 st Respondent’s decision rendered on 29 th May 2025 debarring the applicant from undertaking procurement services for a period of three (3) years of the date of the decision.
It also prays for leave to apply for prohibition to prohibit the Respondents and especially the 3 rd Respondent from implementing the decision of the 1 st Respondent Debarment committee of the 2 nd and 3 rd Respondent’s made on 29/5/2025 by publishing and forwarding to the Cabinet Secretary the details of the exparte applicant and the corresponding period of debarment for gazettement.
The applicant also prays that the leave so granted do operate as stay of implementation of the said decision.
From the grounds in support and the sworn affidavit of Martin Gitonga Mbae, I am satisfied that the threshold for leave has been met.
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.
On whether the leave so granted should operate as stay of implementation of the impugned decision made on 29/5/2025, I note that the debarment decision takes a process including gazettement of the said debarment which involves resources by the Government and that these proceedings, if successful, will be rendered academic unless stay is granted.
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.
Owing to the statutory timelines for disposal of these public procurement proceedings which is 45 days from the date of filing, I order that upon service of the Notice of Motion upon the Respondents and Interested Parties, the Respondents and Interested Parties shall have 48 hours within which to file and serve their responses to the Notice of Motion which should be filed in a separate and fresh Judicial Review Application file.
The parties will then appear in court virtually on 17/6/2025 for inter partes directions on the mode of disposal of the substantive motion and in the said motion file.
Each party to bear their own costs of these proceedings.
This file is therefore closed.
Dated, Signed and Delivered at Nairobi this 12 th Day of June, 2025