https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7084

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **COMMERCIAL & TAX DIVISION** **ARBITATION CAUSE NO. E065 OF 2025** **CATHERINE MUTHONI MUCHIKA……………………………….APPLICANT** **VERSUS** **JOHN KIARIE KIMANI………………………………....………..RESPONDENT** **RULING** 1. This is a Ruling in respect of an application seeking to recognize, adopt and enforce an Arbitral Award. **Background Facts** 1. The Applicant filed the Chamber Summons dated 19th August, 2025 seeking the following orders; 2. *The Court* *to recognize, adopt and enforce the Award dated 22nd April 2025, by the sole Arbitrator herein, Honourable Ecrone O. Omulloh, as a Decree of the Court.* 3. *The Court to recognize, adopt and enforce the Award on Costs dated 8th August 2025, by the sole Arbitrator herein, Honourable Ecrone O. Omulloh, as a Decree of the Court.* 4. *The Applicant be granted leave to enforce the said arbitral awards as a decree of the Court.* 5. *Costs of the application be provided for and borne by the Respondent.* 6. The Application was supported by the Affidavit of **CATHERINE MUTHONI MUCHIKA**. She stated that the parties entered into an Agreement for Sale dated 17th April 2023. Pursuant to the agreement, the Respondent agreed to sell Title Number Ngong/Ngong/101555. He further undertook to design, construct, and complete a three-bedroom bungalow on the land. A dispute subsequently arose when the Respondent allegedly breached the agreement by failing to complete the project, procure registration of the transfer in favour of the Applicant, and adhere to the agreed timelines. 7. In further breach, the Respondent purported to vary the terms of the agreement by demanding an additional sum of Kshs. 700,000.00 alongside the contractual balance before handing over the project. The dispute was referred to arbitration, and the Law Society of Kenya appointed Honourable Ecrone O. Omulloh as sole Arbitrator. The arbitral process was conducted, culminating in an Award dated 22nd April 2025. A subsequent award on costs was issued on 8th August 2025 after taxation. 8. No application has been made by the Respondent to set aside the Awards. Accordingly, the Applicant seeks orders from the Court to recognize and adopt the arbitral awards as a decree of the Court. She also seeks the grant of leave for their enforcement. 9. There was no response filed by the Respondent despite service as evidence by the Affidavit of Service sworn on 24th February 2026 by Joan Misere. **Issues for determination** 1. The Court has considered the application and the submissions by the Applicant. The primary issue for determination is; 2. *Whether the applicant has satisfied the legal threshold for the recognition and enforcement of the arbitral award.* **Analysis** 1. **Section 36 of the Arbitration Act** sets out the legal parameters governing the enforcement and adoption of an arbitral award. It provides as follows; ***(1) An arbitral award, irrespective of the state in which it was made shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37.*** ***(2) Unless the High Court otherwise orders, the party replying on an arbitral award or applying for its enforcement shall furnish—*** ***(a) the duly authenticated original arbitral award or a duly certified copy of it; and*** ***(b) the original arbitration agreement or a duly certified copy of it.*** ***(3) If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified 'translation of it into the English language.*** 1. It is noteworthy that the Respondent has not filed any response in opposition to the application, despite service. Thus, the Court has not been shown any ground for refusal of recognition or enforcement of the award under **Section 37 of the Arbitration Act**. 2. The Applicant has furnished the Court with the Arbitral Award dated 22nd April, 2025 and the sale agreement dated 17th April 2023. The Applicant has met the prerequisites for recognition and enforcement of the final award under **Section 36 of the Arbitration Act** as an order of the Court. 3. The Court relies on the decision of **Honourable Justice Ado Moses** in **Mwangi v Mizizi Africa Homes Limited [2025] KEHC 16429 (KLR)** when the good Judge stated as follows: *“The Court is thus guided by the principle articulated in Rupra* *Construction Company Limited v Longonot Place Limited [2021] eKLR in which it was held by Sergon J that:* *"In the absence of any credible proof by the respondent as to why the arbitral award should not be enforced and recognized... I find no basis to decline to grant the orders sought..."* 1. In light of the above, the Court recognizes and adopts for enforcement the Award dated 22nd April 2025 the Award on Costs dated 8th August 2025 as a Decree of the Court. 2. As to costs, the same lie at the discretion of this Court and ordinarily follow the event. There exists no good reason to deny the successful Applicant the costs of the Application. **Determination** 1. The Applicant’s Application by way of a Chamber Summons dated 19th August, 2025 is allowed in the following terms; 2. *The Court HEREBY recognizes, adopts and enforces the Award dated 22nd April 2025, by the sole Arbitrator herein,* ***Honourable Ecrone O. Omulloh****, as a Decree of the Court.* 3. *The Court HEREBY recognizes, adopts and enforces the Award on Costs dated 8th August 2025, by the sole Arbitrator herein,* ***Honourable Ecrone O. Omulloh****, as a Decree of the Court.* 4. *The Applicant is HEREBY granted leave to enforce the said arbitral awards as a decree of the Court.* 5. *The costs of the Application are awarded to the Applicant.* 6. It is so ordered. 7. The file is HEREBY marked as closed. **DATED, SIGNED AND DELIVERED AT MILIMANI THIS 14TH DAY OF MAY, 2026.** **NJOROGE BENJAMIN K.** **JUDGE** In the presence of; Miss Misere for the Applicant. N/A for the Respondent. Ms. Susan Nzioka - Court Assistant.