QUESTA CARE LIMITED V. PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD, KENYA MEDICAL SUPPLIES AUTHORITY & SIMBA PHARMACEUTICALS LIMITED

RULING OF THE COURT

This Notice of Motion dated 30^th November 2017 is made under section 3A and 3A of the Appellate Jurisdiction Act and rule 5 (2) (b) of the Court of Appeal Rules, 2010 following a decision of the High Court delivered on 1^st July 2016 where the applicant, Questa Care Limited seeks for orders of injunction to be issued restraining, Kenya Medical Supplies Authority and Simba Pharmaceuticals Limited, the 2^nd and 3^rd respondent respectively, their servants agents and employees from signing or performing the contract in respect of tender No. KEMAS/GOK – CPF/HIV- 16/17 – 001 - Supply and delivery of ARV Medicine- Adults (the tender contract) pending the hearing and determination of the application and the intended appeal.

The application was premised on the grounds that the judgment of the High Court upheld the 2^nd and 3^rd respondents’ judicial review applications and quashed the decision of the 1^st respondent in PPRAB Application No. 28 of 2017 , and prohibited it from appl…