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EDERMAN PROPERTY LIMITED V. LORDSHIP AFRICA LIMITED,PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & NAIROBI CITY COUNTY

(2019) JELR 102548 (CA)

Court of Appeal  •  Civil Appeal 35 of 2018  •  5 Apr 2019  •  Kenya

Coram
William Ouko, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The 3rd respondent, Nairobi City County advertised tender No. NCC/UR and H/T/514/2016-2017 which was a Request For Proposal For The Urban Renewal and Re-development, Phase 2–Ngong Road Estate through Joint Venture Partnership. There were various requirements in the tender documents and interested bidders were asked to obtain tender documents from the 3rd respondent’s offices or download them from its website. Bids for the tender were to be submitted on or before 16th March, 2017 which period was extended to 21st April, 2017. Various tender bids were made and opening of the same took place on 21stApril, 2017 at noon as required by the documents and this was in the presence of bidders or their representatives. According to the 1st respondent, Lordship Africa Limited, the 2nd respondent, Public Procurement and Administrative Review Board and the 3rd respondent breached various requirements of the tender and this is what led to proceedings being taken before the 2nd r…

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