ZAKHEM CONSTRUCTION (KENYA) LIMITED V. PERMANENT SECRETARY, MINISTRY OF ROADS & PUBLIC WORKS & CHIEF ENGINEER MINISTRY ROADS & PUBLIC WORKS

JUDGMENT OF THE COURT

On 19^th October, 2006, Zakhem Construction (Kenya) Ltd, the appellant before us, went before the High Court by way of an ex parte chamber summons stated to be under “section 8(2) of the Law Reform Act, Chapter 26 Laws of Kenya, Order 53 Rule 1(2) of the Civil Procedure Rules, the Inherent Power and jurisdiction of the Honourable Court and all other enabling provisions of the Law” and the substantive prayers made in the summons were that:-

“(a) ..........................

(b) THAT leave be and is hereby granted to apply for an order of certiorari removing to (sic) this Honourable Court the Respondent’s decision made on 9^th October, 2006 issuing a fourteen days Termination Notice of the contract for construction of Runda – Whispers Estate Link Bridge and approach Roads entered into with the Applicant on 28^th November, 2005 for purposes of being quashed.

(c) THAT leave be and is hereby granted to apply for an order of prohibition stopping and/or restraining the Responden…