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ADK TECHNOLOGIES LTD IN CONSORTIUM WITH COMPUTER TECHNOLOGIES LTD
V.
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & 4 ORS

(2022) JELR 113613 (CA)

Court of Appeal 4 Mar 2022 Kenya
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Case Details

Suit Number:Civil Appeal E598 of 2021
Judges:S ole Kantai, JA KI Laibuta, JA K M'Inoti, JA
Counsel:S ole Kantai, JA KI Laibuta, JA K M'Inoti, JA
Location:Nairobi

JUDGMENT

  1. At the hearing of this appeal, a question arose whether this Court has jurisdiction to hear an appeal arising from the Public Procurement and Asset Disposal Act (‘the PPAD Act”) after the expiry of 45 days from the date of the decision appealed from. As was explained in Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] KLR 1, a question of jurisdiction is a threshold question and may be raised by a party or by the court on its own motion and must be decided forthwith on the evidence before the court. We are therefore obliged to determine the jurisdictional point before we proceed any further with consideration of the merits of the appeal.

  2. The appellant, who describes itself as ADK Technologies Ltd in Consortium with Computer Technologies Ltd., was an unsuccessful bidder for “Tender No. TNT/049/2019-2020 Tender for the Provision of Outside Support for IFMIS E-Procurement and Independent Integrated Financial Management System for Semiautonomous Government Age…

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