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Republic v. Minister for Finance, Commissioner of Customs & Excise, Public Procurement Complaints Reviews and Appeals Board & Intertek Testing Services International Ltd, Bivac International & SGS Societe Generale De Surveillance

(2005) JELR 94290 (CA)

Court of Appeal  •  Civil Appli NAI 93 of 2004  •  14 Jan 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an application under rule 5 (2) (b) of the rules of this Court for a stay, pending the determination of an appeal, of the proceedings in High Court Miscellaneous Civil Case No. 723 of 2003. The proceedings sought to be stayed are judicial review proceedings aimed at quashing a decision dated 27th June 2004 of the Public Procurement Complaints, Review and Appeals Board (“the Board”) and at prohibiting the Ministry of Finance from signing the contract awarded by it to Cotecna Inspection S.A.(“Cotecna”) and to Bureau of Inspection Valuation Assessment and Control (“BIVAC”). This last prohibition from signing the contract was overtaken by events since the two year contract was in fact signed on 30th June, 2003.

The party claiming the relief by way of judicial review is Intertek Testing Services International Limited (“Intertek”) which claims that the tender for the two year contract should have been awarded to it by reason of it being the lowest tenderer.

The appl…

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