[2022] KEHC 3362 (KLR)

[2022] KEHC 3362 (KLR)

The court found that the parties voluntarily entered into a lease agreement containing an arbitration clause and, by consent, referred their dispute to arbitration. Both parties participated fully in the arbitral proceedings without raising any objection to the arbitrator's appointment or jurisdiction until after...

Source-derived case information.

Citation
[2022] KEHC 3362 (KLR)
Parties
Applicant: Holistic Educational Trust; Respondent: Samuel Aunga Angwenyi
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 May 2022
Case Number
Miscellaneous Application E302 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award
Outcome
application dismissed with costs to the respondent
Judges
WA Okwany
Legal Topics
Arbitration Award Setting Aside, Lease Disputes, Arbitrator Jurisdiction, Public Policy Exception, Enforcement of Arbitral Awards
Source Language
english
Commercial and Corporate Alternative Dispute Resolution Arbitration Award Setting Aside Lease Disputes Arbitrator Jurisdiction Public Policy Exception Enforcement of Arbitral Awards

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Parties

Holistic Educational Trust

Applicant

Samuel Aunga Angwenyi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be set aside on grounds that the arbitrator exceeded his jurisdiction or the dispute was not contemplated by the arbitration agreement.
  2. 2 Whether the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties.
  3. 3 Whether the arbitral award is contrary to public policy and should be set aside.

Ratio Decidendi

The court found that the parties voluntarily entered into a lease agreement containing an arbitration clause and, by consent, referred their dispute to arbitration. Both parties participated fully in the arbitral proceedings without raising any objection to the arbitrator's appointment or jurisdiction until after the award was rendered. The applicant's claim that the arbitrator lacked jurisdiction or that the dispute was outside the scope of the arbitration clause was unsupported by evidence and was not raised before the arbitrator. The court held that the applicant could not contest the arbitrator's jurisdiction after voluntarily submitting to the process. The court further held that the...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 22nd April 2021 is dismissed.
  • Costs of the application are awarded to the respondent.