JAMES OYONDI T/A BETOYO CONTRACTORS & JOHN KIVUNZI T/A JONA PESTCON V. ELROBA ENTERPRISES LIMITED, SUBISA COMMUNICATIONS LIMITED, NORGEN ENTERPRISES LIMITED, OLLREGGY INVESMENTS, DIGITAL SANITATION SERVICES ROOKEN ENTERPRISES, HANDIBO SERVICES, MANAGING DIRECTOR, KENYA PORTS AUTHORITY, KENYA PORTS AUTHORITY & PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

JUDGMENT OF THE COURT

By this appeal, the appellants James Oyondi and John Kivunzi, who trade as Betoyo Contractors and Jona Pestcon, respectively, challenge the decision of the High court of Kenya (Ogola, J.) delivered on 11th July, 2018 by which it quashed the record, proceedings and decision of the Public Procurement Administrative Review Board (the Board) in application numbers 76 and 77 of 2017. The Board had by its determination rendered on 7th September, 2017 allowed a review application by the appellants herein and annulled tender awards made by Kenya Ports Authority (KPA) in favour of various entities who are the 1st to 6th respondents herein. Those tenders were for the provision of clearing and landscaping services and for caretaker services. We need not go into the details of those tenders and ensuing contracts as they are not material to the determination we shall make herein.

Following the annulment of those awards, the 1st to 6th respondents herein (hereinafter ‘the Petiti…