JUDGMENT
This is an appeal arising from the judgment of the High Court of Kenya at Nairobi, Judicial Review Division (J. Ngaah, J.) dated and delivered on 9th July, 2021 in Judicial Review Application No. E071 of 2021.
The matter is with regard to a procurement contract in respect of Construction of 132Kv Underground Cable Nanyuki-Rumuti Transmission Line Volume 1 and 2 ICB No: Ketraco/pt/009/2021 (subject tender) wherein it is alleged that the procurement process carried out by the 1st Respondent was skewed and favoured foreign firms to the detriment of Kenyan citizen contractors. The second allegation is with regard to the application of the Public Procurement and Asset Disposal Act, 2015 (PPAD Act) on the subject tender and the jurisdiction of the 2nd Respondent, in terms of whether the said bidding document invited or ousted the application of the PPAD Act on the subject tender and the jurisdiction of the 2nd Respondent on the ground that the subject tender involved a foreign agency…