https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8446
The court found that the respondent had settled the principal arbitral award as communicated in counsel’s letter on the CTS, and on that basis the application was marked as settled with costs to the ex-parte applicant.
Source-derived case information.
- Citation
- [2026] KEHC 8446 (KLR)
- Parties
- Ex Parte Applicant: Foursons’ Holdings (K) Ltd; Defendant: County Government of Migori
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E003 of 2025
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Enforcement/stay and Setting Aside of Arbitral Award
- Outcome
- Application marked as settled
- Judges
- ["ACA Ong’injo"]
- Legal Topics
- Enforcement of Arbitral Award, Stay of Proceedings, Setting Aside Arbitral Award, Settlement of Principal Award, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Foursons’ Holdings (K) Ltd
Ex Parte Applicant
County Government of Migori
Defendant
Procedural Posture
Commercial Miscellaneous Application / Ruling on Enforcement/stay and Setting Aside of Arbitral Award
Legal Issues
- 1 Whether the proceedings should be stayed pending determination of the application to set aside the arbitral award
- 2 Whether the arbitral award should be set aside
- 3 Whether the matter had been settled by payment of the principal arbitral award
Ratio Decidendi
The court found that the respondent had settled the principal arbitral award as communicated in counsel’s letter on the CTS, and on that basis the application was marked as settled with costs to the ex-parte applicant.
Court Disposition
Application marked as settled
Orders
- Proceedings were marked as settled.
- Costs awarded to the ex-parte applicant.
Full Case Text
Judgment text and source record
1 paragraphs
Foursons’ Holdings (K) Ltd v County Government of Migori (Commercial Miscellaneous Application E003 of 2025) [2026] KEHC 8446 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8446 (KLR) Republic of Kenya In the High Court at Migori Commercial Miscellaneous Application E003 of 2025 ACA Ong’injo, J June 11, 2026 Between Foursons’ Holdings (K) Ltd Ex parte Applicant and County Government of Migori Defendant Ruling 1.This matter was coming up for enforcement of the arbitral award dated 19th March 2025 by the interested party. The Respondents in HCCOMMArb No. E001 of 2025 sought for orders in application dated 10th September 2025 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 herein be stayed pending hearing and determination of the application and that the arbitral award be set aside. 2.During the pendency of the ruling in the twin files for orders in respective files this court learnt that the ex-parte applicant’s counsel Mr. Macharia had filed a letter in the CTS dated 5th May 2026 indicating that the respondent had settled the principal arbitral award of Kshs. 14,994,461.60 and in the circumstances the application herein is marked as settled with costs to the ex-parte applicant. DATED, SIGNED AND DELIVERED AT MIGORI THIS 11TH DAY OF JUNE, 2026.HON. ANNE ADWERA - ONG’INJOJUDGEIn the presence of:Victor – Court Assistant.