Title: REPUBLIC V PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & 3 OTHERS EX-PARTE
OLIVE TELECOMMUNICATION PVT LIMITED [2014]
Venue: IN THE HIGH COURT OF KENYA AT NAIROBI
Case ID: JUDICIAL REVIEW APPLICATION NO. 106 OF 2014
Authoring Judge: W KORIR J, G V Odunga J and F. GIKONYO J
Date of decision: 24TH SEPTEMBER 2014
Plaintiff: REPUBLIC (APPLICANT)
Defendants: 1. PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD (RESPONDENT)
2. MINISTRY OF EDUCATION SCIENCE AND TECHNOLOGY (1ST INTERESTED PARTY)
3. HEWLET-PACKARD EUROPE BV, AMSTERDAM MYERIN BRAND (2ND…)
4. HAIER ELECTRICAL APPLIANCES CORPORATION LIMITED (3RD INTERESTED PARTY)
5. (EX PARTE) OLIVE TELECOMMUNICATION PVT LIMITED
Keywords: ICT, TELECOMMUNNICATION
JUDGMENT
Introduction
1.
The proceedings the subject of this judgement were commenced by Olive Telecommunication Pvt Limited, a
limited liability company incorporated in the Republic of India, hereinafter referred to as the ex parte
applicant.
2.
The Respondent is the Public Procurement Administrative Review Board (hereinafter referred to as the
Board), a statutory Board established under the provisions of the Public Procurement and Disposals
Act (hereinafter referred to as the Act), tasked with reviewing disputes arising from disputes covered under
the Act.
3.
The 1st Interested Party is the Ministry of Education, Science and Technology which floated the tender, the
subject of these proceedings. It will be referred to in these proceedings variously as the Respondent or the
Procurement Entity or PE.
4.
The 2nd and 3rd interested parties were participants in the tendering process the subject of these proceedings
5.
Articles 43(f) and 53(1)(b) of the Constitution provide that every person has a right to education and that
every child has a right to free and compulsory basic education. Geared towards the fulfilment of this
Constitutional obligation, the Kenya Government through the Ministry of Education Science and Technology,
the 1st Interested Party herein set in motion a process aimed at proving the children of Kenya with equal
access to quality education irrespective of their socio-economic status in obvious recognition of the role
education plays in the development of a society.
6.
In order to achieve the said Constitutional mandate, the Procuring Entity, the 1 st interested party herein
advertised for applications for a tender in respect of the supply, delivery, installation and commissioning ICT
integration in devices and solutions for primary schools in Kenya.
7.
Among the companies which applied for the said tender were the ex parte applicant herein, the 2 nd Interested
Party and the 3rd interested party herein.