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Ernie Campbell & Company Limited v. National Housing Corporation

(2019) JELR 102372 (CA)

Court of Appeal  •  Civil Appeal 281 of 2016  •  20 Dec 2019  •  Kenya

Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale



This is an appeal against the judgment of Korir, J dated 31st March, 2016. A brief background will give this appeal context.

On 21st (or 23rd) December, 2013, the National Housing Corporation (the respondent herein) advertised an open tender being tender No. NHC/TECH/422/2013 in the Daily Nation Newspaper for the construction of residential flats and shops on LR. No. 62/216 Kibera. Ernie Campbell and Company Limited, the appellant herein submitted its bid and according to it, by a letter dated 27th August, 2015, the respondent informed the appellant that it was the successful bidder. However, in a letter dated 26th January, 2016, the respondent purported to nullify the letter of award of 27th August, 2015 by invocation of the provisions of Section 36 of the Public Procurement and Disposal Act, 2005 (the repealed Act). The appellant was aggrieved by the respondent’s action and in a Notice of Motion dated 5th February 2016 sought the following orders:

a. That an orde…

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