JUDGMENT OF THE COURT
The appeal arises from the Judgment of the High Court (C. Githua, J.) dated the 12th June, 2012.
The background to the appeal is that, the appellant successfully bid for tender No. CE/7/003/17-08 that has been advertised by the 2nd respondent, City Council of Nairobi (now County Government of Nairobi) in the “Daily Nation” Newspaper of 22nd October, 2007, for leasing Uhuru Park Restaurant (the suit property), on a Rehabilitation-Operate Transfer basis (ROT). Upon compliance with the tender prerequisites as per the Public Procurement and Disposal Act, 2005 (the Act); the 2nd respondent made an offer to the appellant by a letter dated 16th March, 2008. The appellant accepted the offer vide a letter dated 31st March, 2018. Before execution of a formal lease, M/S Sorrento Limited, in appeal No. 15 of 2008 appealed to the Public Procurement Administrative Review Board (the Board), against the 2nd respondent’s award of the tender to the appellant. In a Ruling delivered o…