https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7465

Kaberia v Green Dairy (K) Limited (Commercial Arbitration Cause E102 of 2025) [2026] KEHC 7465 (KLR) (Commercial and Tax) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7465 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Commercial Courts) Commercial and Tax Commercial Arbitration Cause E102 of 2025 MO Ado, J May 28, 2026 Between Florence Kinya Kaberia Applicant and Green Dairy (K) Limited Respondent Ruling 1.By a Chamber Summons dated 15th December 2025 brought under section 36 of the Arbitration Act, the applicant seeks recognition and enforcement of the Final Arbitral Award dated 23rd October 2025 made by Hon. Noah Wambua Kilonzo, MCIArb. 2.The application is supported by the affidavit of Florence Kinya Kaberia, sworn on 8th December 2025. The applicant depones that she entered into an agreement dated 1st October 2019 with the respondent for the purchase of a fractional sub-lease of Cottage No. 12A at Elmer Resort and Spa at a purchase price of Kshs. 3,000,000/=. The agreement contained a dispute resolution clause providing for negotiation, mediation and arbitration. 3.A dispute subsequently arose between the parties. The applicant states that she demanded a refund of the purchase price together with accrued dividends and, upon failure of the parties to resolve the dispute amicably, invoked the arbitration clause. Following the parties' inability to agree on the appointment of an arbitrator, the Chartered Institute of Arbitrators (Kenya Branch) appointed Hon. Noah Wambua Kilonzo, MCIArb, as sole arbitrator. 4.The arbitral proceedings culminated in the Final Award dated 23rd October 2025 in favour of the applicant. The applicant now seeks recognition and enforcement of the award as a decree of this Court. 5.Although served with the application, the respondent neither entered appearance nor filed any response. The application, therefore, proceeded unopposed. 6.Counsel for the applicant submitted that the application satisfies the requirements of section 36 of the Arbitration Act as the applicant has exhibited both the arbitral award and the agreement containing the arbitration clause. Counsel further submitted that no application has been made to set aside the award under section 35 of the Act and that no grounds exist to warrant refusal of recognition or enforcement under section 37 of the Act. Analysis and Determination 7.I have considered the application, the supporting affidavit and the submissions by counsel. The issue for determination is whether the applicant has established a basis for recognition and enforcement of the arbitral award. 8.The Court's jurisdiction in matters concerning recognition and enforcement of arbitral awards is founded on section 36 of the Arbitration Act. That jurisdiction must be exercised within the framework established by the Act and guided by section 10 thereof, which limits judicial intervention in arbitral proceedings except as expressly provided. 9.The policy underpinning the Act is reflected in Article 159(2)(c) of the Constitution, which recognises arbitration as one of the preferred methods of dispute resolution. Courts are therefore enjoined to support rather than undermine the arbitral process. 10.Under section 36 of the Arbitration Act, a domestic arbitral award is recognised as binding and enforceable upon application to the Court. Recognition and enforcement may only be declined on the grounds set out under section 37 of the Act. 11.As the Supreme Court observed in Nyutu Agrovet Limited v Airtel Networks Kenya Limited; Chartered Institute of Arbitrators (Kenya Branch) (Interested Party) [2019] KESC 11 (KLR), judicial intervention in arbitration matters is limited to the circumstances expressly provided by the Arbitration Act. The Court's role at the enforcement stage is not to reconsider the merits of the award or sit on appeal against the arbitrator's findings. 12.The material before the Court shows that the parties entered into an agreement dated 1st October 2019 containing a valid arbitration clause. Following a dispute between the parties, the applicant invoked the dispute resolution mechanism agreed upon by the parties. The dispute was thereafter referred to arbitration before Hon. Noah Wambua Kilonzo, MCIArb, who rendered the Final Award dated 23rd October 2025. 13.The applicant has exhibited a certified copy of the arbitral award together with the agreement containing the arbitration clause. I am satisfied that the requirements of section 36(3) of the Arbitration Act have been met. 14.The respondent has not challenged the award. There is no evidence before the Court that any application has been made under section 35 of the Arbitration Act seeking to set aside the award. Equally, none of the grounds set out under section 37 of the Act have been raised. 15.I have nevertheless considered the award and the material before the Court. I find no basis for declining recognition and enforcement. There is nothing to suggest that the arbitrator lacked jurisdiction, that the arbitral proceedings were conducted contrary to the parties' agreement, that the respondent was denied an opportunity to present its case or that the award deals with matters beyond the scope of the reference. 16.I also find nothing in the award that would render its recognition or enforcement contrary to the public policy of Kenya. The dispute concerns private contractual rights and obligations and is one that was properly capable of settlement by arbitration. 17.In Tanzania National Roads Agency v Kundan Singh Construction Limited [2013] eKLR, the Court observed that recognition and enforcement of arbitral awards follows as a matter of course once the requirements of section 36 have been satisfied and none of the grounds under section 37 have been established. I respectfully agree. 18.In the circumstances, I am satisfied that there existed a valid arbitration agreement between the parties, that the dispute was properly referred to arbitration, that a final award was rendered by a duly appointed arbitrator and that the applicant has complied with the requirements of section 36 of the Arbitration Act. No basis has been laid before the Court to warrant refusal of recognition or enforcement. 19.The application is therefore merited and I make the following orders:i.The Final Arbitral Award dated 23rd October 2025 made by Hon. Noah Wambua Kilonzo, MCIArb, is hereby recognised as binding and adopted as a decree of this Court.ii.The applicant is at liberty to enforce the award as a decree of this Court.iii.The applicant shall have the costs of the application. 20.It is so ordered. DATED, SIGNED, AND DELIVERED AT NAIROBI THIS 28TH DAY OF MAY 2026HON. MR. JUSTICE MOSES ADOJUDGE OF THE HIGH COURTIn the Presence of:Moses C/AAkama………………for the ApplicantN/A……………for the Respondent