JAMES OLE KIYAPI PERMANENT SECRETARY, MINISTRY OF MEDICAL SERVICES & ATTORNEY GENERAL V. DOL INTERNATIONAL LTD & KENYA ANTI-CORRUPTION COMMISSION

JUDGMENT OF THE COURT

1. This judgment is in respect of Civil Appeals Nos. 305 and 249 of 2013 as consolidated by an order of this Court made on 21^st July, 2014. Prof. James Ole Kiyapi sued in his capacity as the then PS Ministry of Medical Services, the Attorney General and Kenya Anti-Corruption Commission will herein after be referred to as the 1^st, 2^nd and 3^rd appellants respectively while Dol International will be referred to as the respondent.

2. Following an open tender for the supply of medical equipment to the 1^st appellant, the 1^st appellant and the respondent entered into several contractual transactions vide Local Purchase Orders (LPOs) between the years 2005-2006 and of relevance to this appeal are:-

A contract for the supply of X-Ray machines vide LPO No. 0061967 at the contract price of Kshs.123,400,000/=.

A contract for the supply of X-Ray film envelope vide LPO No. 0061880 at the contract price of Kshs.17,897,700/=.

A contract for the supply of sutures vide LPO No. 0061843 …