RULING OF THE COURT
1. Before us is a twin application for certification and leave to appeal to the Supreme Court and application for stay of the judgment of this Court delivered in Civil Appeal No. 341 of 2017.
2. By Tender No. ERC/PROC/4.3/16-17/119 dated 12th May 2017, the Energy Regulatory Authority invited bids for marking and monitoring petroleum products to detect and curb adulteration of motor fuel. On 30th June 2017, the Evaluation Committee of the Regulatory Authority recommended the Tender be awarded to the SGS (K) Limited, the applicant herein. However, the Committee in its recommendation made a General Observation that there is in existence a new technology that can detect jet fuel in motor fuel.
3. Acting on the General Observations of the Tender Committee, the tender process that awarded the bid to SGS Limited was terminated and re-started with requirement that the new technological changes be incorporated in the bid documents. The decision to terminate the tender was comm…