Republic v Permanent Secretary, State Department for Correctional Services; Ex Parte Applicant:Daniel Ng'ang'a Wanyoike [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamwea
Judgment Date
September 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Republic v Permanent Secretary, State Department for Correctional Services case summary involving Daniel Ng'ang'a Wanyoike [2020] eKLR. Discover key legal insights and implications from this important judgment.

Case Brief: Republic v Permanent Secretary, State Department for Correctional Services; Ex Parte Applicant:Daniel Ng'ang'a Wanyoike [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. Permanent Secretary, State Department for Correctional Services
- Case Number: Judicial Review Application No. 113 of 2020
- Court: High Court of Kenya
- Date Delivered: 28th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamwea
- Country: Kenya

2. Questions Presented:
The court must resolve whether the ex parte Applicant, Daniel Ng’angá Wanyoike, is entitled to judicial review orders to quash the Respondent's decision to advertise for tenders for the years 2019-2022 and to compel the cancellation of an existing tender for the year 2019-2020.

3. Facts of the Case:
The ex parte Applicant, a concerned citizen, filed a Chamber Summons on 22nd May 2020, initially in the Kiambu High Court before it was transferred to the High Court of Kenya in Nairobi. The Respondent, the Permanent Secretary of the State Department for Correctional Services, advertised tenders for the supply of foodstuffs and related products for the years 2019-2022. The ex parte Applicant alleged that the Respondent failed to honor the tender opening dates and backdated notification letters to successful bidders, thereby preventing unsuccessful bidders from appealing. He claimed bias in the awarding of tenders to favored companies, which he argued would lead to public funds being misused.

4. Procedural History:
The initial application was filed on 22nd May 2020 and was later transferred to the High Court in Nairobi. The court issued a preliminary ruling on 28th May 2020, allowing the question of leave for judicial review to be heard inter partes. Subsequently, the ex parte Applicant filed a Notice of Motion on 29th June 2020, seeking additional orders, which was held in abeyance pending the outcome of the initial application. Another party sought to join the proceedings as an Interested Party, claiming to be a successful bidder in the tender process.

5. Analysis:
- Rules: The court considered the provisions of the Public Procurement and Asset Disposal Act of 2015, particularly sections 167 and 168, which outline the review process for procurement disputes and the limitations on the right to judicial review.
- Case Law: The court referenced *Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others* and *Sharma vs. Brown Antoine* to establish the standard for granting leave for judicial review, emphasizing that an applicant must demonstrate an arguable case with a realistic prospect of success.
- Application: The court found that the ex parte Applicant's case was time-barred, as the advertisement he sought to quash was published over two years prior to his application. Additionally, the Applicant failed to provide evidence of the tender he sought to have canceled and did not establish an arguable case for mandamus.

6. Conclusion:
The court denied the ex parte Applicant's requests for leave to commence judicial review proceedings, concluding that he failed to demonstrate an arguable case. Consequently, the application was dismissed, and related motions were also struck out.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The High Court of Kenya ruled against the ex parte Applicant, denying his request for judicial review of the Respondent's tender advertisement and related actions. The decision underscores the importance of timely applications and the necessity for applicants to provide sufficient evidence to support their claims in judicial review proceedings. The ruling has implications for future procurement disputes, highlighting the procedural safeguards in place to ensure fairness in public tender processes.

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