https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8445
The court found that counsel for the applicant had confirmed in writing that the respondent had settled the principal arbitral award of Kshs. 14,994,461.60. On that basis, there was no live dispute requiring further determination, and the application and suit were marked as settled with costs to the defendant.
Source-derived case information.
- Citation
- [2026] KEHC 8445 (KLR)
- Parties
- Plaintiff: County Government of Migori; Defendant: Foursons’ Holdings (K) Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Arbitration Cause E001 of 2025
- Procedural Posture
- Commercial Arbitration Cause / Ruling on Application to Stay Proceedings and Set Aside Arbitral Award
- Outcome
- Application and suit marked as settled
- Judges
- ["ACA Ong’injo"]
- Legal Topics
- Stay of Proceedings, Setting Aside Arbitral Award, Recognition and Enforcement of Arbitral Award, Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Migori
Plaintiff
Foursons’ Holdings (K) Ltd
Defendant
Procedural Posture
Commercial Arbitration Cause / Ruling on Application to Stay Proceedings and Set Aside Arbitral Award
Legal Issues
- 1 Whether the proceedings in Migori HC Misc Application No. E003 of 2025 should be stayed pending determination of the application
- 2 Whether the arbitral award dated 19th March 2025 should be set aside under section 35 of the Arbitration Act
- 3 Whether the matter had been settled by payment of the principal arbitral award
Ratio Decidendi
The court found that counsel for the applicant had confirmed in writing that the respondent had settled the principal arbitral award of Kshs. 14,994,461.60. On that basis, there was no live dispute requiring further determination, and the application and suit were marked as settled with costs to the defendant.
Court Disposition
Application and suit marked as settled
Orders
- The proceedings and application were marked as settled.
- Costs awarded to the defendant.
Full Case Text
Judgment text and source record
1 paragraphs
County Government of Migori v Foursons’ Holdings (K) Ltd (Commercial Arbitration Cause E001 of 2025) [2026] KEHC 8445 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8445 (KLR) Republic of Kenya In the High Court at Migori Commercial Arbitration Cause E001 of 2025 ACA Ong’injo, J June 11, 2026 Between County Government of Migori Plaintiff and Foursons’ Holdings (K) Ltd Defendant Ruling 1.Before this court is an application dated 10th September 2025 brought pursuant to provisions of order 51 rule 1 of the Civil Procedure Rules, section 35 of the Arbitration Act 1995 and rule 7 of the Arbitration Rules seeking that the proceedings in Migori HC Misc Application No. E003 of 2025 be stayed pending hearing and determination of the application and that the arbitral award dated 19th March 2025 by the Interested Party in Migori HC Misc Application No. E003 of 2025 be set aside. 2.The application is premised on the grounds on its face and supporting affidavit sworn by Gradus Oluoch the County Attorney on 10th September, 2025. 3.In Migori HC Misc Application No. E003 of 2025 the respondents the respondent/ defendant had sought that the arbitral award dated 19th March 2025 be turned into judgment of the court for purposes of execution. 4.In consideration of the letter dated 5th May 2026 written by counsel for the applicant Mr. Macharia in application No. E003 of 2025 to the effect that the respondent has settled the principal arbitral award of Kshs. 14,994,461.60, the application and suit herein is marked as settled with costs to the defendant. DATED, SIGNED AND DELIVERED AT MIGORI THIS 11th DAY OF JUNE, 2026.HON. ANNE ADWERA- ONG’INJO JUDGEIn the presence of:Victor – Court Assistant.