The High Court has thrown out a case filed by two logistics firms seeking to block the award of a national examinations distribution tender, clearing the way for the Kenya National Examinations Council (Knec) to proceed with its preferred contractor.
Justice John Chigiti dismissed the application by a joint venture of Mitchell Cotts Freight Kenya Limited and Fintech Edge Co. Ltd, which had challenged the decision by Knec and the Public Procurement Review Board (PPRB) to award the contract to Africa Global Kenya Limited.
The tender was for the “Provision of End-to-End Integrated Logistics System and Related Services During Administration of Examinations and Assessments.”
“This court finds that the board acted legally in dismissing the request for review, given that it was not filed within 14 days of notification of award. No procedural irregularity has been established by the applicants,” said Justice Chigiti in his ruling.
The two companies had bid jointly for the tender, advertised on March 14, 2025, but their application was disqualified during the technical evaluation stage.
Among the reasons cited were failure to attach recommendation letters from clients addressed to the Knec chief executive, with contracts or local purchase orders as proof.
They were also penalised for presenting documents that belonged to an entity not part of their joint venture, a decision later upheld by the PPRB.
In their judicial review application dated July 31, 2025, the firms alleged that the procurement process was flawed.
They pointed to the extension of the tender submission and opening deadline on June 17, 2025, from 10am to 4pm, which they argued was irregular. They asked the court to overturn the PPRB’s decision dismissing their review request.
The companies further raised concerns that their lawyer, who had been representing them at the PPRB, later joined Knec’s legal team without their knowledge or approval.
The advocate’s law firm handed the case over to another firm, which the applicants claimed amounted to misconduct.
Justice Chigiti found no basis to interfere with the tender process, ruling that the PPRB and Knec had acted within the law. The decision now allows Africa Global Kenya Limited to take up the multi-billion shilling exams logistics contract.
