JUDGMENT OF THE COURT
A. INTRODUCTION
[1] This is an appeal from a Judgment of the Court of Appeal, dated 11 May 2018, in Civil Appeal No. 341 of 2017, which set aside the Judgement and decree of the High Court at Nairobi by (Mativo, J.), dated 22 September 2017. The High Court (in J.R Misc. Application No. 496 of 2017) had quashed the decision of the Public Procurement Administrative Review Board (PPARB), which upheld the decision of the Energy Regulatory Commission to terminate the award of Tender Number ERC/PROC/4/2/16-17/119, won by the petitioner herein. The Judgment of the Court of Appeal had the effect of sustaining the termination of the tender-award, on the ground that the applicable term of reference did not include the possibility of emergent technical conditions.
B. BACKGROUND
[2] The 1st respondent, Energy Regulatory Commission, is a public body established under the Energy Act, 2006. Its mandate includes the regulation of electrical energy, petroleum and related products, re…