JUDGMENT OF THE COURT
The appellant, the Energy Regulatory Commission is a public body established under the Energy Act 2006. Its duties include the regulation of electrical energy, petroleum and related products, renewable energy and other forms of energy. In exercise of its statutory mandate, the appellant in or about 12th May 2017 floated tender number ERC/PROC/4/3/16-17/119 for marking and monitoring of petroleum products, a service meant to curb adulteration of fuel, which attracted 3 bids. These were opened on 31st May 2017 with the responding firms being SILPA SA, Intertek Testing Services (EA) Ltd and SGS Kenya Ltd (SGS).
In compliance with section 46 of the Public Procurement and Disposal Act 2015 (the Act), the appellant appointed an evaluation committee which duly evaluated the bids under the two heads of technical and financial. It then recommended on 30th June 2017 that the contract for provision of marking and monitoring services be awarded to SGS, at an annual cost of US$…