Sanitam Services (E.A.) Limited v Kenyatta University

The Public Procurement Administrative Review Board delivered its Ruling on June 4, 2013 in favour of Kenyatta University; the procuring entity. The Applicant had sought a review based on the alleged failure of the procuring entity to declare the successful bidder unresponsive based on grounds that the successful bidder was using a patented product without guarantee or warranty from the manufacturer and consequently was in infringing on intellectual property rights. The Board held that it lacks jurisdiction to adjudicate on intellectual property disputes as this is the province of civil courts. Further, it stated that the tender was for provision of a service and not for goods hence the issue of breach of intellectual property cannot arise. Consequently, the Request for Review was dismissed with costs and it was held that pursuant to Section 98 of the Public Procurement and Disposal Act, 2005, the procuring process may proceed as all mandatory requirements were met by the successful bidder.

The Procuring Entity was represented by Guto Mogere of Mohammed Muigai Advocates.