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Kenya Medical Supplies Authority v. Revital Health (EPZ) Limited,Public Procurement Oversight Authority & Attorney General

(2017) JELR 100025 (CA)

Court of Appeal  •  Civil Appeal 65 of 2016  •  23 Jun 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant invited bids for the supply of syringes by a public advertisement as Tender No. KEMSA/KHSSP - OIT11/2011 - 2013 PROCUREMENT OF NON - PHARMACEUTICALS (LOTS). The funding of the tender was expressed in the Invitation for Bids (IFB) as a credit to the Kenya Government from the International Development Association (IDA) towards the cost of Health Sector Support Project (HSSP). IDA is established in the Articles of Association of the International Bank of Reconstruction and Development, whose object is poverty reduction by providing interest-free credits and grants for programmes that enhance economic growth, reduce inequalities and improve people's living conditions. Kenya is a member of IDA by virtue of the provisions of the International Development Association Act (Cap. 465). IDA as a full juridical personality has the capacity to, among other things contract. Participation in the tender was through ‘the international competitive bidding procedures s…

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