The High Court has overruled a decision by a Procurement Board Review Panel to nullify the bidding process for the supply and delivery of food items to government school hostels.

The decision comes as a result of a review application filed by the Minister of Education, Arts and Culture.

Acting Judge Doris-Anne Hans-Kaumbi declared the Review Panel ruling of 19 March 2025 as being "unlawful" and "unreasonable."

The ruling confirmed that arrangements made on 12 March 2025 were valid, striking out the assertion that they broke an obligatory standstill period according to the Public Procurement Act.

In June 2024, the Ministry advertised a public tender to supply food to school hostels in different areas between October 2024 and March 2025.

A number of players made offers, with the first preference and notice of awards on 25 October 2024.

Following failed appeals by some of the bidders, including Omaungu Caterers CC, the Review Panel initially upheld the procurement result in January 2025.

However, after a new application by the Omaungu Caterers in March, it was their complaint that the standstill period had not been adhered to under the new Notice of Selection issued on 14 February 2025-the Review Panel instructed the Ministry to initiate the entire process afresh.

The decision led to the court application by the ministry.

Judge Hans-Kaumbi emphasized the court's unusual jurisdiction as the higher guardian of children, stating that the welfare of school children who depend on hostel meals required the issue to be heard with urgency.

She established that the cancellation of catering services will be prejudicial to the affected schools and learners.

Whereas the law necessitates a standstill period after notice of award, the court determined that omitting the inclusion of the standstill period within the notice did not invalidate the entire procurement procedure.

The court ordered the 14th respondent, James and Young Trading Enterprises CC, who objected to the application to pay the legal costs of the Ministry and seven other successful applicants.