Republic v Clerk of the National Assembly & 2 others Ex Parte;Applicant Eaa Company Limited [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Clerk of the National Assembly & 2 others Ex Parte; Applicant Eaa Company Limited [2020] eKLR, focusing on the judicial reasoning and implications of the ruling.

Case Brief: Republic v Clerk of the National Assembly & 2 others Ex Parte;Applicant Eaa Company Limited [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. Clerk of the National Assembly & 2 others
- Case Number: Judicial Review Application No. 104 of 2020
- Court: High Court of Kenya
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The primary legal issues before the court include:
- Whether the court should review its previous ruling regarding the application for judicial review and the stay of the implementation of the Parliamentary Investments Committee’s Report.
- Whether the leave granted for judicial review should operate as a stay against the implementation of the recommendations concerning tender no. KEBS/T010/2019-2021.

3. Facts of the Case:
The case involves the Republic as the applicant against the Clerk of the National Assembly, the National Assembly, and Okiya Omtatah Okoiti as the respondents. The ex parte applicant is EAA Company Limited, which participated in tender no. KEBS/T010/2019-2021. The background of the case includes a ruling delivered on 6th July 2020, where the court declined to grant a stay of the Parliamentary Investments Committee’s Report and Recommendations related to the Auditor General’s Special Audit Report dated 10th July 2019. The ex parte applicant argues that the implementation of the committee's report, adopted by the National Assembly on 13th October 2020, would violate its rights.

4. Procedural History:
The case began with the ex parte applicant seeking judicial review orders, specifically a stay of the implementation of a report related to its tender. The initial ruling on 6th July 2020 denied the stay request. Subsequently, on 15th October 2020, the ex parte applicant filed a Notice of Motion seeking to review the previous ruling and requesting that the leave for judicial review operate as a stay. The court directed that the parties be served and established a timeline for responses and a hearing date set for 9th November 2020.

5. Analysis:
- Rules: The court considered the rules governing judicial review, specifically the principles of fairness and the protection of rights in administrative actions. The court's discretion in granting stays was also a pivotal consideration.
- Case Law: The court referenced previous rulings that established the grounds for granting stays in judicial review applications. These cases typically emphasize the necessity of preventing irreparable harm to the applicant while ensuring that public interest is not compromised.
- Application: The court applied the relevant legal principles to the facts of the case by acknowledging the urgency of the ex parte applicant's request and the potential violation of rights if the recommendations were implemented before a full hearing. The court granted interim orders of stay pending the hearing, thereby prioritizing the applicant's rights while balancing the legislative process.

6. Conclusion:
The court ruled in favor of the ex parte applicant by granting interim orders of stay against the implementation of the recommendations related to the tender in question. This decision underscores the court's role in safeguarding individual rights against administrative actions that could lead to unjust outcomes.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was made by a single judge.

8. Summary:
In summary, the High Court of Kenya granted interim orders to stay the implementation of the Parliamentary Investments Committee’s Report concerning tender no. KEBS/T010/2019-2021. This ruling highlights the court's commitment to ensuring that the rights of individuals and entities are protected in the face of administrative actions and reinforces the importance of judicial review in maintaining the rule of law.

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