HOGGERS LIMITED V. PUBLIC PROCUREMENT ADMINISTRATIVE BOARD, GENERAL TRADING JLT & KENYA AIRPORTS AUTHORITY

JUDGMENT OF THE COURT

1. Sometimes in January 2014 the 3^rd respondent advertised in the print media a tender for development and management of an international brand fast food outlet at Jomo Kenyatta Airport, Nairobi. The appellant and the 2^nd respondent were among those who submitted bid documents. The bids were subjected to a preliminary, technical and financial evaluation and the tender was awarded to the appellant.

2. Being aggrieved by the 3^rd respondent’s decision to award the said tender to the appellant, the 2^nd respondent filed an appeal to the 1^st respondent vide Review No. 16 of 6^th May, 2014. The 1^st respondent nullified the award of the tender and directed a re-evaluation of the three most competitive bidders on both technical and financial terms in accordance with the criteria set out in the tender documents.

3. Upon re-evaluation the appellant emerged the winner but the 2^nd respondent appealed to the 1^st respondent. The request for review by the 2^nd respondent was made on …