REPUBLIC V. KENYA WILDLIFE SERVICE, PUBLIC PROCUREMENT COMPLAINTS REVEIW AND APPEALS BOARD & MARA LANDMARK LIMITED

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for orders that:

“(a) The 1^st respondent and the interested party be restrained from signing any lease in respect of the Meru Mulika and Fig Tree sites in Meru National Park, the subject matter of tender No. KWS/HQS/82/2005 – 2006 issued by the Kenya Wildlife Service and the subject of proceedings in High Court Miscellaneous Civil Application No. 772 of 2006 (“The Judicial Review Suit”) pending the determination of an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Lady Justice Aluoch dated 28^th December, 2006.

(a) ........

(b) .......”.

The brief background to the application is as follows.

The first respondent KENYA WILDLIFE SERVICE (KWS) is a corporate body established under the provisions of the Wildlife (Conservation and Management) Act, Cap 376 Laws of Kenya and is registered as lessee from the Government of Kenya of the land known as MERU NATIONAL PARK. On 11^t…