JUDGMENT OF THE COURT
OJSC Power Machines Limited, Transcentury Limited, and Civicon Limited, as a joint consortium was one of the five firms that responded to the 2nd respondent’s Request for Proposal for Tender No. KGN-GRD-09-2015 for Leasing of 50MW Wellheads Geothermal Power Generation Units at Olkaria Geothermal Field on Build, Lease, Operate and Maintain Basis. The Request for Proposals provided for the evaluation of the bids in stages; for responsiveness, technical, commercial and financial. Only those firms with proven technology would be considered beyond the financial evaluation stage. Although the appellant’s bid passed the first stage of evaluation, it was not lucky beyond that stage. The 3rd respondent’s bid, having met the specifications was selected and the tender awarded to it. By a letter dated 16th July 2015, the 2nd respondent notified the appellant of its failed bid.
Following that decision, the appellant approached the 1st respondent with a Request for Review No. 38…