There are three sets of applications all dated 15th April 2025. The first application seeks leave of court to be heard during the recess. I have considered the application and I am satisfied that the other two applications dated the same date of 15th April 2025 are urgent and that they ought to be considered expeditiously in the first instance during the recess. I certify the application for leave to be heard during the recess to be urgent and grant the applicant leave to be heard during the recess. I also certify the Notice of Motion seeking interim orders as urgent, although the applicant could still have included it as a prayer in the Originating Motion.
I am aware that the Originating Motion is brought under the new Fair Administrative Action Rules, 2024. I am equally aware that the said Originating Motion must be heard and determined within 45 days of the date of filing, in line with the statutory timelines provided for under section 175 of the Public Procurement and Asset Disposal Act.
In the premises, as the application was filed within 14 days of the date of the impugned decision of the Public procurement Administrative Review Board rendered on 9/4/2025, and that unless the stay of implementation of the said decision whose effect was to allow the procurement process to continue to conclusion including signing of the contract with the interested party, which will render the proceedings herein an academic exercise, I hereby grant a stay of implementation of the said decision pending hearing and determination of these proceedings.
I direct the applicant to forthwith serve the Originating Motion dated 15th April, 2025 and its accompaniments and copy of this order upon all the other parties to these proceedings. Upon being served, the respondents and interested party shall have 5 days to file and serve their responses to the Originating Motion. Thereafter, the applicant shall have three days to file and serve a further affidavit if need be, within which to file and serve a further affidavit together with written submissions of not more than three pages. The Respondents and Interested party shall thereafter have three days to file and serve written submissions together with a supplementary affidavit if need arises.
The matter shall be mentioned for brief highlights if necessary, on 7/5/2025 and a judgment date be fixed by the court.
The Registry to forthwith notify the applicant's counsel of this ruling and directions for compliance.
I ordered it.