Republic v Public Procurement Regulatory Authority & another; M/S Meditec Systems Limited (Interested Party); Moi Teaching and Referral Hospital (Exparte Applicant) (Judicial Review Miscellaneous Application E270 of 2024) [2025] KEHC 180 (KLR) (Judicial Review) (16 January 2025) (Ruling)
Neutral citation:
[2025] KEHC 180 (KLR)
Republic of Kenya
Judicial Review Miscellaneous Application E270 of 2024
RE Aburili, J
January 16, 2025
Between
Republic
Applicant
and
Public Procurement Regulatory Authority
1st Respondent
Public Procurement Regulatory Authority Debarment Committee
2nd Respondent
and
M/S Meditec Systems Limited
Interested Party
and
Moi Teaching and Referral Hospital
Exparte Applicant
Ruling
1.On 9/12/2024, this court (Jairus Ngaah J) granted leave to the applicant to file and serve a Notice of Motion within 14 days of that date.
2.Todate, no Notice of Motion has been filed. Even excluding 21st December 2024 to 13th January 2025, the time for filing of the Notice of Motion lapsed.
3.Besides, Section 42 of the Public Procurement & Asset Disposal Act provides for the time within which Judicial Review proceedings may be initiated in the High Court, from the date of the decision on debarment pursuant to proceedings under Section 4 of the Act.
4.The decision sought to be impugned was made on 8/8/2024 while the Chamber Summons for leave was filed on 22/11/2024.
5.The ex-parte applicant’s Counsel concedes that filing was out of time and therefore there being no jurisdiction of this court to hear and determine stale proceedings, and as no Notice of Motion would be filed and even if filed, would be stale by dint of Section 42 of the Act, I hereby down my tools and proceed to strike out the proceedings as filed and expunge them from the record, with no orders as to costs.
6.This file is hereby closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JANUARY, 2025R.E. ABURILIJUDGE