Accounting Officer, Kenya National Highways Authority & another v Public Procurement Administrative Review Board; [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Accounting Officer, Kenya National Highways Authority & another v Public Procurement Administrative Review Board; Roads and Civil Engineering; Contractors Association (Raceca) & another (Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: The Accounting Officer, Kenya National Highways Authority v. Public Procurement Administrative Review Board
- Case Number: Judicial Review Case No. 84 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around the withdrawal of a Notice of Motion filed by the ex parte Applicants and the implications of such withdrawal on the proceedings, including the issue of costs.

3. Facts of the Case:
The case involves the Accounting Officer and the Kenya National Highways Authority as the applicants. They filed a Notice of Motion on 25th April 2019, seeking judicial review against the Public Procurement Administrative Review Board, which is the respondent. The Roads and Civil Engineering Contractors Association (RACECA) and the Frontiers Counties Development Council are the interested parties in this matter. The applicants sought to withdraw their motion just days before the scheduled judgment.

4. Procedural History:
The case progressed through the High Court where the applicants filed their Notice of Motion in April 2019. As the case approached judgment, the ex parte applicants filed a Notice of Withdrawal on 13th October 2020, indicating their intention to withdraw the motion for all purposes. The court noted that the respondent and interested parties had already prepared pleadings and submissions in anticipation of the judgment.

5. Analysis:
- Rules: The court considered rules pertaining to the withdrawal of motions and the implications for costs, particularly focusing on the lack of consent regarding costs from the other parties involved.
- Case Law: While specific case law was not detailed in the ruling, the court likely referenced precedents on withdrawal of motions and the associated responsibilities for costs in civil proceedings.
- Application: The court marked the Notice of Motion as withdrawn and ordered that each party bear its own costs, emphasizing the procedural fairness and the absence of any agreement on costs from the parties involved.

6. Conclusion:
The court ruled to mark the Notice of Motion dated 25th April 2019 as withdrawn, effectively closing the case. Each party was ordered to meet its respective costs. This ruling underscores the procedural aspects of civil litigation in Kenya, particularly regarding the withdrawal of motions and the implications for costs.

7. Dissent:
There were no dissenting opinions recorded in this ruling, as the decision was straightforward concerning the withdrawal and cost implications.

8. Summary:
The High Court of Kenya ruled in favor of marking the Notice of Motion as withdrawn, leading to the closure of the case with each party responsible for its own costs. This decision highlights the procedural guidelines surrounding the withdrawal of legal motions and the importance of clear communication regarding costs among litigants.

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