Goldfield Insurance Brokers Limited v The Public Procurement Administrative Review Board & 3 others
The bottom line
#Kenya's Court of Appeal dismissed a bidder's appeal, confirming that the 14-day window to challenge a procurement breach starts when the breach happens, not when the tender is awarded.
What this practically means
#Executive summary
#Key legal issues
#When does the fourteen-day limitation period under section 167(1) of the PPADA begin to run where a breach is alleged at the tender opening stage?
Time runs from the earliest of occurrence of the breach, notification of intention to award, or a post-award breach. The appellant became aware of the alleged breach on 6th November 2025 and its Request for Review filed on 1st December 2025 was out of time, so the Review Board had no jurisdiction.
The Court read section 167(1), section 87 and Regulation 203 of the PPADA Regulations 2020 together and held that procurement proceedings are strictly time bound. A bidder aware of a breach need not wait for the award outcome. Section 78(7), which bars premature disqualification at tender opening, does not suspend the running of time or preclude a review application against a breach by the tender opening committee. The appellant did nothing between 6th November and 1st December 2025.
Whether the High Court exceeded its supervisory jurisdiction in judicial review by proceeding to determine the merits after holding that the Review Board lacked jurisdiction.
The High Court did not exceed its supervisory jurisdiction; the alternative findings served to bring clarity and a neat ending to the dispute, and the end result would have been the same had the Review Board struck out the out-of-time request.
The Court accepted the 4th respondent's submission that alternative determinations framed in the contingent are routinely approved, ensuring that if a higher court disagrees with the primary jurisdictional finding there is a considered view on secondary issues. Had the Board struck out the request as it ought to have done, the most responsive tenderer would still have been awarded the tender. The Court found no basis for faulting the judge for not downing her tools.
Legal principles established
#- Once a bidder is aware of a breach of a procurement process that may be prejudicial to its interest, it need not wait for the outcome of its bid; the fourteen-day limitation period under section 167(1) of the PPADA runs from the earliest of the occurrence of the breach (before award), the notification of intention to enter into a contract, or the occurrence of a post-award breach.
- Section 78(7) of the PPADA, which bars disqualification at the tender opening stage, does not preclude an aggrieved tenderer who alleges a breach by the tender opening committee from seeking a review by the Board within fourteen days.
- Once a court determines that a tribunal or administrative body lacked jurisdiction, it is superfluous for the court to make elaborate findings on the remaining issues; however, alternative findings made by the High Court after a jurisdictional finding do not, without more, constitute an excess of supervisory jurisdiction.
Court orders
#- 1.Dismissal of the appeal
- 2.Costs of the appeal awarded to the 2nd, 3rd and 4th respondents
- On appeal from
- High Court of Kenya
- Judicial Review Application No. E002 of 2026 (consolidated with Judicial Review Application No. E001 of 2026)
- Jurisdiction invoked
- First appeal/appellate jurisdiction of the Court of Appeal under Article 164 of the Constitution against a High Court judicial review judgment on procurement (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Goldfield Insurance Brokers Limited v The Public Procurement Administrative Review Board & 3 others", Case Analysis (2026). Court of Appeal Appeal arising from Judicial Review Application No. E002 of 2026 (High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/711/eng@2026-04-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.