The scales of justice have tilted in favor of an Eldoret businessman who won a tender to supply fresh meat to soldiers at Moi Barracks in Eldoret but has been bugged by a court case after his competitor sought a review order.
A judge has since ruled that the competitor had lodged the review at the wrong forum and failed to expressly state what irregularities were committed to enable a finding as sought.
“I find that the ex-parte application is devoid of merit and is therefore dismissed…”Judge Rosyln Aburili ruled.
Four bidders had qualified in the contentious Ministry of Defence tender but one was knocked off at the preliminaries for failing to provide a health certificate.
Adan Osman Godana, who runs Eldoret Standard butchery, lost the tender to Joseph Chesire Chemuna and Phillip Kosgei who trade as Avenue Butchery.
Godana unsuccessfully challenged the decision before the Public Procurement Administrative Review Board and later moved to the High Court seeking annulment of the board’s decision.
Justice Rosyln Aburili said he waded into murky waters of seeking a Judicial Review remedy which he failed to sustain.
Justicenow.co.ke will post the judgment delivered on June 6, 2017, at the Milimani law courts shortly.
Judge Aburili dismissed petition saying Godana should have appealed the decision at the board level.
Stay order on tender lapsed
“An analysis of the compliant does not establish any procedural impropriety made at the review board…he had an opportunity to lodge appeal against the review board but lodged a judicial review, (he) did not expressly state what irregularities, fair administrative justice(sic) were violated.
The judge also said that a stay order that she had slapped on the tender had lapsed.
She reaffirmed that there is no evidence to support Godana’s assertion or sufficient cause to review the decision as reached by the procuring entity, MoD, and the board.
The judge upheld submissions by lawyer Ham Lagat who represented Chesire and Koskei in the proceedings.