SGS KENYA LIMITED V. ENERGY REGULATORY COMMISSION, PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & INTERTEK TESTING SERVICES (EA) LIMITED

RULING OF THE COURT

[1] We have before us an Application under certificate of urgency for conservatory orders restraining the 1^st Respondent from completing the tender evaluation process of tender No. ERC/PROC/4//3/092 – “provision for petroleum fuels marking and monitoring services” or any other tender by whatever number designated and/or the awarding of a new contract for the provision of the said or similar services to any other person, or if awarded, the new contract does not commence pending the hearing and determination of the application.

[2] The subject matter of the Appeal is the tender award by the Energy Regulatory Commission (1^st Respondent) for tender No. ERC/PROC/4/3/16-17/119. It is alleged that on the 18^th of April 2017, the 1^st Respondent advertised an open tender inviting bids for the “provision of marking and monitoring of petroleum products” under tender No. ERC/PROC/4/3/16-17/119 in which the Applicant and two other bidders (including the 3^rd Respondent) participate…