JUDGMENT
The appellant, who describes itself as The Joint Venture of Lex Oilfield Solutions Ltd and CFAO Kenya Ltd was an unsuccessful bidder in “Tender No. KGN-GDD-040-2021 for Improvement of Circulation Water System at Olkaria II Power Station and Compaction Grouting”. It will be noted that CFAO, which is described as an appellant, is also listed as the 5th respondent, raising the question of its true status in this appeal. Be that as it may, and aggrieved by the decision of the 3rd respondent, (the Kenya Electricity Generating Co PLC), not to award it the tender, the appellant applied to the 1st respondent, (the Public Procurement Administrative Review Board (PPARB)), for review. By a ruling dated 7th October 2021, PPARB struck out the request for review on the basis that, although it was purportedly submitted by the consortium, CFAO had disowned the request for review.
The appellant was aggrieved and took out judicial review proceedings before the High Court for an order of certiora…