' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E321 OF 2025
ELC ELECTROCONSULT S.P.A…………………………… APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD....1 ST RESPONDENT
SINTECNICA ENGINEERING S.R.L IN JOINT VENTURE WITH STEAM S.R.L………………………………………..…...2 ND RESPONDENT
THE ACCOUNTING OFFICER, KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN)……………………………………..…........... 3 RD RESPONDENT
KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN)……………………………………….……….4 TH RESPONDENT
RULING
The chamber summons dated 7/10/2025 seeks leave of court to file Judicial Review Application for certiorari orders to quash the decision of the 1st Respondent dated 26/09/2025 in application 62/2025 and leave to operate as stay of implementation of the impugned decision.
I am satisfied, upon perusal of the documents filed, that the matter is urgent, being a public procurement and time bound matter.
I certify it as urgent and direct the applicant to file and serve the substantive Notice of Motion within 2 days of today upon which the respondents shall have 3 days of date of service to file and serve their responses. Thereafter, the applicant shall have 5 days of service to file and serve a further affidavit, if need be, together with written submissions.
The respondents shall then have 5 days of the date of service to file and serve supplementary affidavit, if need be, together with written submissions.
The substantive Notice of Motion shall be filed in a separate court file and as soon as it is filed, it be brought up for a date to be given for mention to confirm compliance and to fix a judgment date, these being time bound proceedings.
The leave so granted herein shall operate as stay of implementation of the decision of the 1 st respondent made on 26 th September, 2025, which is impugned by these proceedings.
I make no orders as to costs.
Accordingly, this file is closed.
Dated, Signed and Delivered at Nairobi this 9 th Day of October, 2025
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IN THE HIGH COURT OF KENYA NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E321 OF 2025
ELC ELECTROCONSULT S.P.A…………………………… APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD....1 ST RESPONDENT
SINTECNICA ENGINEERING S.R.L IN JOINT VENTURE WITH STEAM S.R.L………………………………………..…...2 ND RESPONDENT
THE ACCOUNTING OFFICER, KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN)……………………………………..…........... 3 RD RESPONDENT
KENYA ELECTRICITY GENERATING COMPANY PLC (KENGEN)……………………………………….……….4 TH RESPONDENT
RULING
The chamber summons dated 7/10/2025 seeks leave of court to file Judicial Review Application for certiorari orders to quash the decision of the 1st Respondent dated 26/09/2025 in application 62/2025 and leave to operate as stay of implementation of the impugned decision.
I am satisfied, upon perusal of the documents filed, that the matter is urgent, being a public procurement and time bound matter.
I certify it as urgent and direct the applicant to file and serve the substantive Notice of Motion within 2 days of today upon which the respondents shall have 3 days of date of service to file and serve their responses. Thereafter, the applicant shall have 5 days of service to file and serve a further affidavit, if need be, together with written submissions.
The respondents shall then have 5 days of the date of service to file and serve supplementary affidavit, if need be, together with written submissions.
The substantive Notice of Motion shall be filed in a separate court file and as soon as it is filed, it be brought up for a date to be given for mention to confirm compliance and to fix a judgment date, these being time bound proceedings.
The leave so granted herein shall operate as stay of implementation of the decision of the 1 st respondent made on 26 th September, 2025, which is impugned by these proceedings.
I make no orders as to costs.
Accordingly, this file is closed.
Dated, Signed and Delivered at Nairobi this 9 th Day of October, 2025
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